Introduction to Torts and Occupiers' Liability

Tortious liability arises from the breach of a duty primarily fixed by law; such duty is towards persons generally and its breach is redressable by an action for unliquidated damages.

Personal injury, professional negligence, nuisance, etc.

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<p>Appeasement, justice, deterrence and compensation.</p> Signup and view all the answers

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<p>Floodgates argument; compensation culture; discouraging socially beneficial activities.</p> Signup and view all the answers

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<p>This rule establishes the tort of intentional infliction of emotional distress.</p> Signup and view all the answers

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A civil wrong that results in harm to another person and gives the victim the right to sue for compensation.

The classic definition of tort is: 'Tortious liability arises from the breach of a duty primarily fixed by law; such duty is towards persons generally and its breach is redressable by an action for unliquidated damages.' - Winfield, Province of the Law of Tort (1931) p.92

Examples of tortious liability include personal injury, professional negligence, and nuisance. All of these involve a breach of a legal duty owed to another.

A key legal concept in tort is the idea of a 'duty of care.' This means that one person has a legal obligation to act in a certain way towards another, often to avoid causing harm.

Tort law aims to compensate victims for their losses. It also deters people from acting negligently or intentionally causing harm to others. It provides a mechanism for resolving conflict and restoring balance.

Tort is a branch of civil law where the victim (claimant) sues the wrongdoer (defendant) for compensation (damages). This contrasts with criminal law, where the state prosecutes the offender.

While the focus of tort law is compensation and criminal law is punishment, there can be overlap. Examples include driving under the influence, where both a criminal charge and a civil lawsuit may arise.

Both tort and contract law are based on obligations. Tort obligations are imposed by law, while contract obligations are based on an agreement between the parties. These can also overlap. Imagine, for example, a doctor failing to perform a medical procedure as promised in a contract, which also might involve a breach of a legal duty of care.

Public policy considerations impact tort law. The courts must balance the need for compensation with the potential consequences of excessive litigation, like discouraging socially beneficial activities.

The mental element in tort refers to the defendant's state of mind when committing the act. Intent, negligence, or recklessness can all be relevant.

In tort, the claimant must generally prove that the defendant's act or omission caused the harm. Some torts, like trespass, are 'actionable per se,' meaning that no proof of damage is needed.

Individuals and corporations can sue and be sued in tort. Often, the victim is the claimant and the wrongdoer is the defendant. However, in cases like vicarious liability, someone else, like an employer, can be held responsible for the actions of their employee

Trespass to land, trespass to goods, and trespass to the person are some of the oldest and most basic torts. These torts protect our property rights and physical integrity.

Trespass to land occurs when someone enters or remains on another's land without permission. The claimant must have exclusive possession of the land.

Trespass to the person encompasses assault, battery, and false imprisonment. These torts protect our right to be free from unwanted physical contact or restrictions on our movement.

Assault is an intentional act that threatens imminent unlawful force, causing a reasonable apprehension of harm. The claimant's fear must be reasonable.

Battery is the intentional and direct application of force to another person without consent. The least touching of another's person, even without malice, can amount to battery.

False imprisonment involves the unlawful and complete restriction of someone's freedom of movement without justification. It does not require physical confinement, but any deprivation of liberty without lawful grounds.

The rule in Wilkinson v Downton is a separate tort for intentionally causing physical or mental harm by a wrongful act that is calculated to cause harm, and does in fact cause actual harm.

Occupier's liability concerns harm resulting from the state of premises, not activities occurring on them. This is covered by statutory occupier's liability acts.

The 1957 Act covers lawful visitors - those with permission, including contractual entrants, invitees, and licensees.

The 1957 Act establishes a common duty of care for occupiers to take reasonable steps to ensure the safety of lawful visitors on the premises.

The 1984 Act covers non-lawful visitors, including trespassers and those entering under specific legal provisions. The duty is lower - to take reasonable care to avoid known dangers.

Private nuisance concerns an indirect and continuous interference with the use or enjoyment of land. This can include noise, light, smells, and other annoyances.

Public nuisance is an act or omission that affects the reasonable comfort and convenience of life for a class of people in a neighborhood. Unlike private nuisance, a public nuisance can be both a crime and a tort.

Statutory nuisances are defined by specific acts of parliament to address environmental or public health concerns. Local authorities are usually responsible for investigating and addressing these.

The rule in Rylands v Fletcher deals with strict liability for harm caused by the escape of something dangerous brought onto the defendant's land. This has been modified over time and is increasingly viewed as part of the tort of nuisance.

Negligence, the most common tort, involves harm caused by a defendant's breach of a duty of care owed to the claimant. This involves assessing the standard of care, breach, causation, and remoteness of damage.

The 'neighbour principle' established in Donoghue v Stevenson states that we owe a duty of care to those who are 'so closely and directly affected' by our actions that we should reasonably have them in mind. This is a test of reasonable foreseeability.

The two-stage test for establishing a duty of care, outlined in Anns v Merton London Borough Council, involves first determining if there is sufficient proximity between the parties, then considering any policy reasons to deny a duty.

The modern approach to duty of care, based on Caparo v Dickman, involves a three-stage test: foreseeability of harm, proximity between the parties, and whether imposing a duty is just, fair, and reasonable.

Breach of duty occurs when a defendant's actions fall below the expected standard of care in a specific situation. This involves determining the relevant standard and whether the defendant's conduct met it.

The standard of care is objectively based on the 'reasonable person,' meaning that the defendant's personal characteristics are generally disregarded. This standard is flexible and takes into account the specific circumstances and risks involved.

When assessing breach of duty, the courts weigh the potential for harm against the practicality of precautions. The likelihood of harm, the severity of the harm, and the purpose of the activity all influence the judgement.