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Tort Revision Summery
Answering Problem Questions

Does the problem relate to?

Defective premises ­ Occupiers Liability
An escape of something dangerous ­ Rylands v Fletcher
An indirect interference e.g. noise ­ Nuisance
Defective Products ­ Consumer Protection Act 1987
Carelessness ­ Negligence
o Property damage and personal injury ­…

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will be liable ­ Haseldine v Daw, however if the work can be easily checked the occupier
will be liable ­ Woodward v Mayor of Hastings

Defences for occupiers liability for visitors are, S2.4 warnings (Roles v Nathan), S2.3
contributory negligence and S2.5 volenti non fit injuria. Damages and…

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There must be an escape ­ Read v Lyons (Not an explosion)

Property damage only and only if it is reasonably foreseeable ­ Wagon Mound, the defences are
act of a stranger (Box v Jub), act of God (Nicholls v Marsland), contributory negligence (Law
Reform (Contributory Negligence) Act 1945),…

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Consumer Protection Act 1987

S2 [1] Where any damage is caused wholly or partly by a defect in a product, every person
to whom subsection 2 applies, shall be liable for the damage.
Strict liability (no fault required)
Damage
o Death and all personal injury
o Property damage over…

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Tested objectively ­ to apply ask the question `does d belong to a class of
people who was likely to suffer if d carried out their careless act?' ­
Donoghue v Stevenson
o Proximity
C must show that they are someone who was that closely and directly
affected by…

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o only a damage of a type that is reasonably foreseeable can be claimed for ­ Wagon
Mound

Psychiatric Damage

Primary Victims are people who suffer psychiatric damage as well as personal injury or fear
for their own lives ­ Dulieu v White. This is tested under the Caparo…

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HOWEVER!!!

If there is a high probability that claimant would rely on the particular statement then a
duty may be owed ­ Smith v Eric Bush
An additional example is when an ex-employer negligently provides a bad reference they
will be liable for economic loss subsequently suffered by the…

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committed. Damages can be categorised into general damages which are calculated by the judge
as they are complex to measure in monetary terms or special damages which are calculated by the
claimant as they are easy to work out. (If there are any specific amounts, particularly in pure
economic…

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