Law of Tort & Negligence

• A tort is a civil wrong, not a criminal wrong.
• Civil law categories include law of contract, consumer/commercial law, employment law, family law, and property law.
• Law of Tort includes defamation and negligence.
• Law of Tort determines if a wrong was committed by one party against another, infringing a general duty not to cause damage to another's property, person, or name (defamation of character).
• The general purpose of any judgement is to impose a settlement, often compensation if successful.

Negligence

• To succeed in a negligence action, the plaintiff must prove four things:
  • The defendant owed a duty of care to the plaintiff.
  • The defendant breached that duty of care.
  • The plaintiff suffered loss/damage/injury that was reasonably foreseeable.
  • The defendant's breach of duty caused the loss/damage/injury.
• All elements (duty, breach, damage & causation) must be satisfied for a successful negligence claim.
• Most civil court actions are personal injury claims where the plaintiff seeks to prove negligence by the defendant for compensation (damages).

Legal Duty of Care

• Donoghue v Stevenson (1932) is a cornerstone case in negligence law, known as the "snail in the bottle" case.
• The plaintiff and a friend went to a café where the friend ordered ginger beer for the plaintiff.
• The ginger beer, from the defendant, came in an opaque glass bottle.
• The plaintiff consumed some beer, and then found decomposed snail remains in the glass.
• The beer made the plaintiff ill, and then a lawsuit was filed against the ginger beer manufacturer for damages.
• A lawsuit was filed in tort, to prove negligence, and first had to establish that the defendant owed the plaintiff a duty of care.
• The formula to establish the existence of a duty of care is "the neighbor principle" meaning a duty of care must be owed to one's neighbour.
• A neighbor includes "all persons who are so closely & directly affected by my act that I ought reasonably to have them in contemplation."
• The manufacturer owed a duty of care to the plaintiff because they knew the consumer would consume the ginger beer with no inspection for snail remains.
• Civil law, including Law of Tort, is private law, allowing private parties to sue if they feel their rights have been infringed.
• Civil cases can be costly, and the losing party usually covers all case costs.
• Litigants should consider the risk of losing a civil case.

Defenses to Tort of Negligence

• Inevitable Accident
  • When ordinary and reasonable precautions are taken, any injury that occurs is not actionable.
  • The defendant must show that no reasonable precaution would have prevented the accident including an Act of God.
  • The relevant case is Stanley v Powell (1891).
• Necessity
  • When a tort is performed to avoid a more serious incident, the person is will not be liable.
  • Relevant Case: Cope v Sharpe (1912)
• Statutory Authority (Legal Authority)
  • Actions done in pursuit of an express statutory authority are immune from action unless negligently performed.
  • Smith v Wexford County Council (1953) provides a successful defense for the County Council.
• Consent of the Plaintiff (Voluntary assumption of risk)
  • Those who undertake a risk created by the defendant cannot complain if injured; knowing the risk doesn't imply consent.
  • The defendant must show the plaintiff understood the risk and consented to surrender legal rights.
  • Regan v Irish Automobile Club (1990) exemplifies this as a successful defense.
  • A disclaimer or waiver, often called a "Consent Form," confirms the consent.
• Statute of Limitations 1957, as amended
  • Generally, an action must be commenced within 2 years of the event; otherwise, it's "statute barred."
  • Defamation claims have a 1-year limitation to commence.
• Contributory Negligence
  • Where a person suffers harm, partly due to their own fault, damages are reduced by their proportion of responsibility.
  • Case example: O Leary v O Connell (1968).
  • A person can be negligent by failing to mitigate their loss, contributing to the injury's nature and extent.
  • Sinnott v Quinnsworth (1984) exemplifies a case.
• Res Ipsa Loquitur (the facts speak for themselves)
  • The injured party must prove the wrongdoer's negligence but under certain situations the burden proof is moved to the defendant like Medical Negligence Cases such as:
    • Alleged wrongdoer had sole incident control.
    • The defendant has knowledge that plaintiff doesn't.
    • the damage was such that negligence by the defendent is the likley cause.
  • Medical Negligence cases require the Defendant (HSE, Hospital, doctors) to prove not negligent, the Plaintiff shift proof to the Defendant
  • In normal negligence cases, the Plaintiff must provide proof.
  • Ref Case: Macon v Osborne (1939)

Cases

• Stanley v Powell (1891)
  • The bullet ricocheted off a tree where the defendant fired his gun at a pheasant impacting the plaintiff. The defendant was not liable as he took precautions to avoid the accident.
• Cope v Sharpe (1912)
  • A fire broke out on plaintiffs land which impacted the defendant who acted to stop the fire. Necessity was a good defense because of threat & defendant acted reasonably.
• Smith v Wexford County Council (1953)
  • The defendants had a statutory duty to keep rivers clear. They deposited soil & matter impacting plains land which was a successful statutory authority providing a good defence.
• Regan v Irish Automobile Club (1990)
  • Plaintiff injured by a racing car as flagger having signed a form relieving the club from liability. Since the plaintiff waived her rights, the court held it for defendants.
• O'Leary v O'Connell (1968)
  • The defendant motorcyclist knocked down pedestrian, because both parties were negligent in their lookout, the degree was fault of 85-15% between defendant and plaintiff respectfully
• Sinnott v Quinnsworth (1984)
  • The plaintiff in a car crash, medical evidence indicated less serious injuries if the plaintiff used a seatbelt, the court reduced the plaintiff's damages by 15%.
• Macon v Osborne (1939)
  • Since there was a swab left in the plaintiff's body the court held that a doctor had a breach of duty. Since the surgeon was unable to prove reasonable precaution, they were held liable.

Illegality as a defense in negligence

• A person can't rely on illegal actions to base a legal case against another person.
• This is a simplified scenario with the intent to illustrate the principal involved, all cases have in-court, minuet-detail examinations judged on each case's details.

Breach of Duty of Care

• After the existence of Duty of Care has been established, the question is if there was a breach.
• The normal standard of care expected is taking harm precautions, avoiding foreseeable harm.
• To establish a breach, the plaintiff has to prove the defendant failed to act in a reasonable manner.
• Courts consider 4 factors: accident probability, threat's gravity, conduct's social utility, and risk elimination costs.
• The decision on unreasonable conduct involves a value judgement by a judge.
• SULLIVAN v CREED (1904) a loaded gun was left near a pathway resulting in the Plaintiff getting injured, the court held the Defendant was liable as they failed to act in a reasonable manner.

Cases

• Legal cases can be found by looking up "civil cases taken against [large company]" or pubs and nightclubs.
• Actions and public transport companies have been sued regularly and some are won depending on the plaintiff.
• Costs have to be paid for by the the losing side which risks considerable debt for the average plaintiff.
• No jury in negligence cases

Injury/loss/damage to Plaintiff

• This is an essential element in the Tort of Negligence.
• With unexpected loss extent, foreseeability is the test, a person liable for damage they caused which was reasonably foreseeable in circumstances.
• In negligience, a tort commits are only responsible those damages it is responsible for not natural/direct damages.

Causation

• Proving negligence means establishing duty, breach, injury/damage.
• The Plaintiff has to prove the link between the defendant's role and damage suffered.
• KENNY v O ROURKE (1972) demonstrates this situation, where it did not stand as a reason.

Damages in a Tort action (Judicial Remedy)

• Nominal Damages
  • Small sum awarded for repairs to a car where the plaintiff sues the defendant who caused them.
• Real Damages
  • Unliquidated damages covering compensation for financial and physical loss, injury, damage, and psychologial loss. These damages are awarded by a judge in personal injury cases.
• Exemplary Damages
  • Damages over real damages, awarded to set an example to the Defendant or to punish them.
• Special Damages
  • Could be awarded for loss of earnings, medical expenses, out of pocket expenses. In serious cases, could be awarded for future expenses.

Civil Courts Damages

• District Civil Court

  • The Small Claims Court is a sub-section of the District Court with a maximum award of €2,000, does not deal with personal injury cases.
  • Personal injuries (negligence) actions in the District Civil Court can award max levels of compensation up to €15,000.
  • Ultimately, the judge decides (with no jury) if the Plaintiff succeeds while providing the appropriate level of compensation.

• Circuit Civil Court

  • €60,000 is the maximum for personal injury.
  • €75,000 maximum for other types of cases

• High Court

  • No upper limit.

Insurance

• A business/property owner is advised to buy the Public Liability/Employer's Liability Insurance because of risk of being sued.
• Business have large amounts of Personal Injury claims by the public (Plaintiffs), who are awarded compensation if success.
• Direct relationship with premium levels as higher risk = higher preiums.

Liability Coverage

• Public Liability
  • If an organization can be sued and the Plaintiff wins, the insurer pays with the organization's coverage.
• Employer's Liability
  • If an organization's sued by employees and Plaintiff's awarded, insured covers.
• Irish litigation/jury awards creates insurance premiums higher than other countries.

Personal Injuries Assessment Board (PIAB)

• It is an independent body which deals with personal injury claims.
• Medical Negligence excluded, all personal injury claims are submitted to PIAB.
• Cases go to court if defendant doesn't agree, they reject process and accept no agreement.
• Either side can reject an award to proceed to Court.
• These benefits are fast and less costly.

Personal Injuries Guidelines

• New guidelines are based on Personal Injuries Guidelines (replacing the Book of Quantam) since April 24, 2021
• The Judicial Council (Ireland judges) issued new guidelines that allign awards to consistent numbers.
• As well as decreased amounts, it should decrease insurance premiums for lower compensation cases.

Defamation

• It focuses on one's damage on a person's reputation (Defamation Act 2009).
• Focuses on Publication by all means to injure a person's reputation.
• Covers all forms of broadcasts or electronic media.
• An instance must create known defamation material by an additional person from the original target.
• It is the singular tort or defamation with one form.
• It covers only permanent formats and materials.
• Defamation has statute of limitations of 1-2 years.
• An apology is sought, it also exist by imply certain things.

Defamation

• A singular tort (2009 act)
• "Libel" was the term used when defamatory statements in written or recording format
• "Slander" was the term used when defmatorty statements were spoken.
• There's is a maximum of 1-2 of statute of limiations
• Seeking damages is possible although apology or other agreements.
• Even if you simply Implying something, you are still liable for "innuendo"

Defenses in Defamation

• Truth
  • This would be a successful route to defend the case
  • There can never assumed or referenced as a "suspect" especially in journalism
  • "innocent until proven quility" is a common expression, after a criminal is sentenced they can now be refereced as a murder with a verifiable verdict.
• Absolute privilege
  • Houses of the Oireachtas (Dáil and Seanad) or Tribunals that can be accused in these chambers and free of charge.
  • TDs and Senators are able to publicly make allegations or corruption within the chambers.
  • There should be access to any allegations in any Courts of Law.
• Qualified Privilege
  • Limited to exemptions but applies in many situations and other types.
  • There's a board duty of disclosure when reporting in writing.
  • 2nd qualification applies to fair and reported events.
• Honest Opinion
  • An opinion is considered if def believed at the time of the published or authored.
  • It mainly needs to focus on relevant facts.
• Consent
  • Plaintiff gives consent to publication in question.
  • Journalist can produce information for any publication.
  • When an interview is provided, you can expose yourself of previous issues with the law, since you already give consent.
• Fair and Reasonable Publication
  • A defence of providing a beneficial and good faithed statement that can benefit.
  • This may require the assertion and allegation from both plaintiff and defendant.
• Innocent Publication
  • Those will be successful those within the involvement or publication during a specific moment in time.
  • Proving Defendent, editor or authors took reasonable care re publication will protect your innocence.
• Note some dependants use combinations eg Trust and Fair

Defamation cases in court

• Circuit Court
  • If seeking €75,000 goes in the Circuit Court
  • There's is no jury in defamation cases.
• High Court
  • Those requesting over €75,000 go to the High Court
  • Juries are presented in High Court during damage.
  • Juries have an option in the current outcome.

Other Torts

• Vicarious Liability
  • It most commonly occurs when someone acts in the course of their employment against the employer.
  • Employers are vicariously liable/negligent.
    • Hughes v J.J. Power Ltd. (1988): An employer was liable for machinery carried out.
  • Johnson. v CP Security: If employer contracts, the employer is responsible for criminal acts of that party.
  • Byrne v Ireland: The State is responsibility for their employees committed as Supreme Court set by decision.
  • Torts of Independent contractions are covered from an employee.
    • Contract of Service
    • Contract for Service will allow an independent contract to provide and perform work whenever.
• Vicarious Liability + Equality
  • Employers are able for a discriminatory acts during an emergency
    • It covers knowledge and employee conduct during an engagement.
    • Training is vital providing adequate, suitable and proper process is the best defence.

Vicarious Liability Re-Equality

• Employers are liable for discriminatory acts.
  • If the act was performed without someone's knowledge.
  • Essential for an employer to keep records for certain legal protections.
• The Equal and status act shows as much if performed or not.
• Any and all employees must train and show in order to recruit employees correctly.

Vicarious Liability Cases

• The most core aspect to determine is that whether there was an engagement in conduct
  • Dully v Orr (1941): Salesmen wasn't employed to company (orr) employee but with that took delivery van and injured plaintiff the employee
    • The court believed that they were action on the role. QuillganLong(1953)Taxidrivertookhimwithoutpermissionandsubsequentiallytheftwithvehicleinjuredthecourtheldemployerwasntliable Mulligan v Daly (1972)

A case needs to show:

• Employers can be held libel if wrongful during work and in order to change that should be used when drawing at work.
• Managers should implement effective implementations.
• This can be difficult if there's not a high role.

Other notes on Workplace Bullying

• More often those would think that it would in a work court, but not as simple.
• The most raise ones should have good practices in health or high standards.

NOTEIfyoushouldrequireworkBullyingcheckinformationontoolsatwork.secton

Cyber Bullying Responsibility of Employers

• All online electronic communication falls under that policy.
• It mainly refers to risk if evolution is at a loss over certain potential defamation charges because of the social media rules.
• Employers are liable and are connected over electronic wrongdoing.
• Even though employers can be sued after acts during 1998 equality acts they show certain potential prevent claims/cyber and other issues.

EMPLOYMENT EQUALITY ACTS 1998 - 2015

• the act shows and covers discriminations, direct and indirect to discrimination
• Gender and Civil Status
• Family Status, and sexual orientation
• Religious and age for travellers.

Note on those who might not follow

• Discriminations has a chance or arise when accessing employees and it also requires at least 9 grounds to show proof. One must have to make clear the identity or success

Workplace Relatons Commission

• a commision that can help those who are completing or claim a certain act to help one from certain equalities.

Examples of common cases.

• 1.A woman denied promotion may fail on this because it falls under a case of gender.
• 2. A worker may be retired because if one for promotion, since they didn't get the correct response.

When it comes time during employment

• 1. An applicant need to make sure the act and practices fall under this specific job.
• 2. Even though law dose not specificily forbid you need to make sure that date and birth have fall correctly on forms.

Accommodation During service

• Reasonable accommodation must be provide for with any type if this ablity.
• Disability is a condition that can be temporary or permanent
• Examples when helping the work place can involve some things and or equipment, it requires certain more flexible roles. Certain genuine jobs

Equal Opportunity

• The law here falls under complex reasons and ranges from very wide to many. It may require the more specific model for any ads out there. and that people that might fall in for more staff might also need it.

Other cases can be seen for the web when looking at tribunals with a google browser.

EQUAL STATUS ACTS 2000 – 2018

• this shows certain status has goods that have access to hotels and education.

Most case types are when individuals that have been targeted at wedding's.

• During establishment that may require one to turn one away from place that's considered to be to particular under act.
• Under instances may exist although under grounds the student needs in an effort to say otherwise is when is something that said discriminatory..

All laws and all topics that have been mentioned might not always cover certain topics if they are still unwritten!

Here may seem to be a lot of laws during this act but keep up the correct work and you'll succeed!

Tort of Trespass

• Trespassing is about direct impact between either the person or the land of another or the goods that person owns. It is actionable "per se:" if it show certain potential is liable then a certain potential needs to be established as true.

Trespass

• This means to involve to the person.

1. Assault: There's a fear but that still doesn't follow the reason. There are calls and other methods to the impact but mainly what is meant to be addressed if the threat and violence. If a person is being harmed. Note we are going over tort cases instead of criminal cases

• 2 batterying

What Battery is is the touching or kicking when touching with a fist.

• 3 false imprisonment This requires total restraints The key is the restraint on those libraries it should cover to keep you from running

But be careful to where you should never block anyone's road

2 Trespassing all land

it has is to show and to be a part from the truth

3. The trespassing items

To show and be a part from these said items

During certain act you need to ensure you are aware of those potential things. Such as 1995

• If you are under it and if you happen to be the person that is also tenant

There's a person can take control of the building at time

• Under visitor
• the person needs to either invite others in, or get a contract or be of right.
• Recreational user
  • under no change with the air and activity of the outdoors where there the certain types walk or tour with certain activities
• The third person
  • Someone who the previous side isn't to or without and permission

Certain types of activities have been shown

• all must be taken with all the certain types of actions.

With that in said a few things that should follow you through the next slide.

One must show

• There is care for each and individuals that will cover these impacts.
• Visitor you need to care or visit your patients to know that you won't injured or be injured by certain issues. The next step is to care from or to reckless.

Duty for what to follow:

• If something is for crime to occur the should be no injuries unless we need safety.
• Defence of others or from something more can be used.
• During example during force a thief is a example

Occupers Liable, Lynskey case

• One was max with a court
• high level to duty visitor since the plaintiff was to follow through then deicded to re user. The goal to be that of safe to make sure there is risk on the potential on to those hazards.
• This what's used in these particular areas, most is show and has shown it one of these in the cases and its from there
• It mostly happens during safe or reck

Here is comes

With in in

• A toret that includes issues in one self or that
• 2 types of nuisances one of 1 or 2
• The toret that can help a lot to the neighborhood , or has long trees to a area.

must be something that ongoing not of side

Public will be an attack to society unless its from criminal

• Its not to crime it a Toret.
• Public is the area that that that will show from society in the area.
• there a set of damages will have you covered.

You can then start something up.

Certain areas have to be changed