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LAW04 Unit 4B Tort







Negligence Negligence Economic loss Occupie
rs
Liabilit
y Act
1957
Existence of a duty of care Behaviour of reasonable person Economic loss is any loss which leaves a C S1 (1) The act applies to visitors in respect to
DoC is a duty an individual owes…

Page 2

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LAW04 Unit 4B Tort





Haley v London Board of Electricity ­ when the D should know that his warnings to keep the visitor safe. Rae v
the reasonable man takes account of the statement is passed to a third party. Mars.
The occupier is not liable if the visitor
weaknesses…

Page 3

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LAW04 Unit 4B Tort





Law on OLA 1984 was changed CL Negligence ­ Donoghue v Stevenson ­ a Private nuisance is an indirect, unlawful Public nuisance is an activity which directly
by the case of Herrington v British manufacturer owes a DoC to the interference for a substantial length of…

Page 4

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LAW04 Unit 4B Tort





(1)(c)

(1)(e)

Rylands v Fletcher Vicarious Vicarious liability Psychiatric damage
liability

Page 5

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LAW04 Unit 4B Tort





The rule in Rylands v Fletcher Vicarious In the course of employment Psychiatric damage is the long term mental
A D is liable if, on his own land, liability is Authorised acts ­ Century consequences of being involved in, or
he accumulates a dangerous when the…

Page 6

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LAW04 Unit 4B Tort





nonnatural use doesn't the tort reasonable fortitude what have sustained
include ordinary use of the during the the injury.
land. course of his
5.Escape ­ the C must show employment.
that the substance escaped. A worker is
Read v Lyons ­ there is no someone
escape…

Page 7

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LAW04 Unit 4B Tort





Palace
Football
Club ­ a
worker
is an
employe
e if he
satisfies
the
control
test.
2.Integrat
ion test:
an
employe
e is a
worker
who is
closely
involve
d with
the main
busines
s of the
employe
r ­
Stevens
on
Jordan
&
Harriso
n…

Page 8

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LAW04 Unit 4B Tort





Evans ­
if a
person'
s work
is an
accesso
ry then
they are
not an
employe
e.
3.Multipl
e test:
the
courts
decides
whether
the
worker
is closer
to an
employe
e/indep
endent
contract
or ­
Ready
Mix
Concret
e v
Minister
of
Pension
s…

Page 9

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LAW04 Unit 4B Tort





courts
conside
r all the
facts of
the case
before
decidin
g
whether
the D is
an
employe
e.

Damages

Negligence
Damages for loss to property.
Damages for personal injury.
Pain, suffering and loss of amenity: part of an award for damages which compensates a C…

Page 10

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LAW04 Unit 4B Tort





Product liability
By S5, a C is able to sue for death/personal injury and damages to property (including damage to land).
Personal property ­ £275+
Commercial property ­ no claim
NO COMPENSATION FOR DAMAGE TO THE PRODUCT ITSELF.

Nuisance
Damages
Injunction

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