Liability In Tort

Introduction, Vicarious Liability and Trespass

This Week
Nature of Law of Tort: Crime, Contract and Tort Vicarious Liability Trespass

The Nature of Law of Tort

Tortious liability arises when a person breaches his duty sanctioned by the law which is owed to the public generally giving rise to a remedy in damages
Winfield: Province of the Law of Tort 1931

Nature of Law of Tort

Breach of legal duty owed by a party to another Civil wrong resulting from action or omission Independent of any contract (no contract relationship need to be established to determined duty owed) Govern by Common Law or statute

Nature of Law of Tort

Everyone owes a duty of care to potentially anyone
Action Performed Intentionally or Unintentionally

Act or Omission By Others Causing Injury and Loss

Injury/ Loss

YOU

Professional, Neighbor, Civilian,Seller Buyer etc.

Action NOT Performed (Omission) Intentionally or Unintentionally

OTHER

Who Wants to Claim in Tort?

WHOEVER
Passers-by, outsider, visitor, public.. Trespassers?

that suffers DAMAGES, LOSS, INJURY

FAULTY DESIGN DEFECTIVE BUILDING INTERFERENCE OPERATION MISHAP HAZARDOUS ENVIRONMENT GENERAL NUISSANCE ACCIDENTS

Tort Crime
TORT
Civil wrong (vs Individual) Claimed by injured party Plaintiff v Defendant Compensation Show defendant liable Civil action by civil procedure

CRIME
Offence (vs State) Charged by police/state State v Accused Punishment Show defendant guilty Criminal prosecution by criminal procedure

Tort Contract
CONTRACT
Duty to party of contract (Privity of Contract) Damages to put injured party to position had the contract been performed Claim must be made within six years from time of breach

TORT
Duty to everyone (Neighbour Concept) Damages to restore injured party to his original position
Claim must be made within years from the time damage suffered

Vicarious Liability
A party made liable to an act of negligence due to others act or omissions under his responsibility e.g - an employer held liable in negligence because of his employees negligence during work

Vicarious Liability
But why..? - Employer has full responsible over working practices, safety procedures, financial flow apart from named under insurance companys insurance. Most importantly, is the name under which the business benefits from, hence should therefore stand the risks. As for, Employer - Contractor (maybe, depends) and Contractor - Sub-contractor in the construction industry

Vicarious Liability
Under Master - Servant concept; Employer has right to control work of his employee (Hewitt v Bonvinn, 1940) Employee carrying out work under companys name (as in an architect design is named under the companys name, and not his own) Employee is acting upon instruction from the employer (in the course of his employment)

Vicarious Liability
However, employer who engages independent contractor is not liable for their negligence (as long as he does not authorised the particular action explicitly or impicitly) Independent contractor is on his own liable for any of his action or omission e.g - Architect, Engineer, Specialist Contractor, Consultants, other Experts etc.

Strict Liability
Employer can still be held liable under vicarious liability, over independent contractor, where strict liability is in question:
Extra-hazardous activities Statutory duties Ryland v Fletchers (1886) - Nuissance Operation on the highway

Trespass
PERSO N GOODS UNDERGROUND LAND AIRSPACE

OF
UNAUTHORISED TRANSGRESSION DIRECT INTERFERENCE

TRESPASS
CONCIOUS DECISION TO ENTER

PROOF OF DAMAGE: NOT REQUIRED

CHARGE UPON ENTRY

Trespass
Not a criminal offence, only to give civil remedies.. Meaning, trespasser cannot be shot, but can only be fine Who can sue? Rightful owner to the physical possession and control over Who can be sued? Whoever in which activity constitutes direct invasion or interference Governed by Section 5 and 44(1) National Land Code 1965

Trespass
Minister of Health v Belloti (1944) Anchor Brewhouse Dev. Ltd v Berkley House Ltd. (1987)

Trespass v Nuissance Contractors permission to work on site Defences Remedies

End Of Lecture
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