Introduction to Torts and Occupiers' Liability

What is the classic, judicially recognised definition of tort?

What is the most common type of remedy sought in tort actions?

What are some examples of tortious liability?

The importance of establishing some form of "duty" is key to establish tortious liability.

Tort is a branch of public law.

The state will usually instigate a prosecution for a tort.

Tort and criminal law never overlap.

Tort and contract are based on the same foundation of obligation.

What are the four possible objectives of a tort action identified by Glanville Williams?

The aims of the law of tort are the same for all torts.

What are some potential negative consequences of litigation regarding the role of public policy?

What does section 1 of the Compensation Act 2006 state about courts considering steps a defendant might have taken?

To establish a claim in tort, the claimant is always required to prove the defendant had a particular state of mind.

It is always necessary to prove damage to establish a claim in tort.

Trespass requires proof of damage.

The Torts (Interference with Goods) Act 1977 codified common law trespass to goods.

A direct act in trespass is when a log strikes someone after being thrown, while an indirect act is when a log lies on a path and someone trips over it.

In trespass to the person, intent is no longer a requirement after Stanley v Powell [1891] 1 QB 86.

Trespass to land is committed when a person enters or remains on land in the possession of another with permission or lawful authority.

The claimant in trespass to land must have exclusive possession of the land.

Intention in trespass to land can never be inferred from conduct.

The airspace above and the subsoil below property, to a reasonable extent, are included in the legal definition of "Land" for trespass claims.

The Air Navigation Act 1982 states that no action can be brought in trespass or nuisance, by reason only of the flight of an aircraft over any property at a height above the ground which is reasonable, given wind and weather conditions.

Necessity can be a legal defense in trespass to land where the force used is the minimum necessary to preserve life.

Assault is an intentional act that threatens violence or produces in the victim a reasonable expectation of immediate unlawful force.

There is no claim for assault where the claimant knows that the threat of violence cannot be carried out.

Battery is the direct and intentional application of force to another person without consent.

False imprisonment involves the complete restriction of the complainant's freedom of movement without lawful excuse or justification.

The tort of false imprisonment is only committed when a claimant is locked in a room or building.

Which of these is a valid defense for assault?

Which of the following is a valid defense to false imprisonment?

What is the rule in Wilkinson v Downton?

The rule in Wilkinson v Downton requires proof of damage or harm.

The Protection from Harassment Act 1997 has significantly weakened the rule in Wilkinson v Downton.

How many elements are required to establish a claim under the rule in Wilkinson v Downton?

Occupiers' Liability is primarily based on statutory provisions.

The Occupiers' Liability Acts primarily adopt the common law principle of negligence.

The Occupiers' Liability Acts cover injuries caused due to the state of the premises, but do not cover injuries caused by activities on the premises.

The Occupiers' Liability Act 1957 defines 'premises' very narrowly, excluding any buildings or structures.

The concept of 'occupancy duties' originated from the case of Meering v Graham-White Aviation Co Ltd [1919] A.C. 295.

Damage caused by activities on the premises falls under the common law principle of negligence.

Determining who is the 'occupier' is a straightforward process.

Control of a premise can only be held by one person at a time.

Which of the following categories are identified in the context of visitor classification?

The common law owed the same standard of care to all types of visitors.

The 'allurement' concept aimed to protect child trespassers.

The Occupiers Liability Act 1957 eliminated the distinction between 'invitees' and 'licensees' originally established in the common law.

The Occupiers' Liability Act 1957 imposes a duty of care to ensure that visitors are safe while on the premises.

The occupier must ensure that the premises are safe for all intended purposes of visitors.

The common duty of care under the 1957 Act is based on the same principles as negligence law.

The Occupiers' Liability Act 1957 requires warnings to be sufficient to enable the visitor to be reasonably safe.

Occupiers are always responsible for the negligence of independent contractors working on their premises.

Occupiers have no duty of care towards those entering under a right conferred by law.

Occupiers are always required to take 'due care' towards contractual entrants under the 1957 Act.

Occupiers are not required to warn about hazards that are obvious to visitors.

Occupiers have no duty to warn visitors about dangers that are not immediately obvious, but about which they have knowledge of (or reasonable grounds to believe in), or might reasonably be expected to have knowledge of.

The Occupiers' Liability Act 1957 requires occupiers to be prepared for children to be less careful than adults.

Parents are always legally responsible for a child's safety.

The Occupiers' Liability Act 1957 does not apply to trespassers.

Under the 1984 Act, occupiers owe a duty of care only towards trespassers and non-visitors who are present at the property.

Occupiers owe a duty of care to trespassers only if they know or have reasonable grounds to believe that the risk exists.

The Occupiers' Liability Act 1984 does not apply to persons on land pursuant to the National Parks and Access to the Countryside Act 1949.

Occupiers owe a duty of care to trespassers and only when they have knowledge of, or reasonable grounds to believe that, a risk exists; the non-visitor is, or may come to be in the vicinity of the risk; and the risk is one which, in all the circumstances, he can reasonably offer some protection against.

The 1984 Act only applies to personal injury and does not cover property damage caused by trespassers.

Occupiers are obligated to warn trespassers about known dangers.

Trespassers are always responsible for their own safety.

An occupier might avoid a duty of care towards a trespasser, for example, by discouraging people from entering the property.

Consent is a valid defense in Occupiers' Liability.

Contributory negligence is a valid defense to claims under the 1984 Act.

The tort of nuisance is a relatively new area of law.

The main types of nuisance are private, public, and statutory.

The rule in Rylands v. Fletcher deals with statutory nuisance.

Private nuisance involves a continuous, unlawful, and indirect interference with the use or enjoyment of land or some right over or in connection with it

The continuous nature of the interference is not a key requirement for private nuisance.

The interference in private nuisance must be unlawful and unreasonable.

The claimant in a private nuisance action must have suffered legal harm through the interference.