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Introduction to Tort
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What is tort law Difference from other branches criminal and contract. Sources and development Aims of tort law
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Prosser
Tort is a term applied to a miscellaneous and more or
How loss caused ? Type of loss caused ? Who is the Claimant ? will affect Q on duty of care .
Against whom is liability imposed (defendant) and against whose favour (claimant) ?
Priscilly J Edison
Crime
State v Individual
Civil
Balance of Probabilities
Criminal
Beyond Reasonable Doubt
Compensation
Law
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Tort
Law Imposed by law
Breach of law
Losses accrued due to breach of law (civil)
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Trespass, case and fault. What is direct injury as opposed to indirect injury? Example? .
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Writ of trespass only for direct injury (trespass to person)( actionable per se ) Writ action on the case for indirect injury (negligence) Maitland phrase :The forms of action we have buried but they still rule us from their graves. ( see in nuisance and trespass to land distinction).( proof of damage requirements)
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Fault based where the D is to be blamed - Emphasis on D blameworthiness than C injury. Negligence where D having a duty to C failed to act reasonably to prevent harm to C (breach duty of care) D is said to be at FAULT. (duty and damage assumed proven). Intentional torts battery , trespass , assault and false imprisonment.
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The rise of negligence. Donoghue v Stevenson (1932) foundation of the general law of negligence . Tort a creature of common law developed by courts by setting out criteria to be established before it comes under a certain tort trespass/nuisance, defamation/negligence/intentional torts.
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Expansion
Among Statutes relevant to study. Contributory Negligence Act.(where C at fault in contributing to own injury) Civil Liability Contribution Act.(where more than one D is liable) Defamation Act . Damages Act . Human Rights Act .
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Even here there are variables that affect liability who is the D , what type of harm caused (physical injury , economic loss or pure economic loss) and how was the harm caused (act or omission) .
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Types of Damages
Compensatory To place C back into position as if damage never occurred. (Atiyah comment on pain and suffering)P6 Exemplary Nominal Paid to punish the D and deter others Ct condemnation of D conduct . Usually for actionable per se where no damage suffered but to vindicate the right
Contemptuous A Technical breach of C rights but court want to mark disapproval of C conduct by awarding a small sum.
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Summary Points
No clear or settled definition. Description, examples , aims will help in understanding what tort law is. Tort is concerned primarily with common law but there are some important statute Purpose of tort law can sometimes conflict
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Summary Points
Difficult to identify a general principle underlying tort law . There are different torts each with different rules and principles regarding liability. Importance of decided cases and facts sensitivity
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Summary Points
Role of damages : usually compensatory but can be punitive in rare cases. Major controversies surrounding the cost and functioning of tort ; the role of insurance ; the effects of human rights and the perceived rise of a compensation culture.
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