The Law of torts

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  • Created by: Lucy
  • Created on: 17-07-15 18:00
Tort
Civil wrong other than a breach of contract
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Example of Tort
Taxi driver who injures his passenger while driving negligently has breached his contract to deliver his client safely and considerately, committed the tort of negligence and has committed the criminal act of dangerous driving.
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Torts
Negligence, defamation, assault, trespass, nuisance and passing off.
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To succeed in an action of negligence
owed duty of care by defendant, duty of care was a breach, actual damage was caused in fact- cousation, actual damage was caused in law - proximity/remoteness
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Neighbour is
Someone who is so closely and directly affected by an action that a reasonable person ought reasonable to have him in his contemplation at the time of acting
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Donoghue V Stevenson - duty of care
D Drank half of the contents of a bottle containing ginger beer. Poured out remainder, the decomposed remains of a snail came out. Held: S, the manufacturer, owed a duty of care to the consumer, whether they had packaged the bottle themselves or not.
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Negligence
Omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or something which a prudent and reasonable man would not do.
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Breach of duty of care
Failure to take reasonable care
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Factors that should be considered when deciding if duty of care has been breached
Professional skills, Probability of injury, seriousness of risk, practicality and cost, common practice and custom, social benefit
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But for Test - Barnett V Chelsea and Kensington Hospital Management committee
B's Hubby went hospital complaining of vomiting after drinking tea. Nurse consulted doctor by phone - advised to go home + consult GP later. He died of arsenic poisoning. Held: Hospital owed duty of care to B's hubby, BUT didn't cause death
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Res ipsa loquitur
The thing speaks for itself
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Damage in law - not too far removed - Hay V Young
Y, crashed his motorbike + was killed. H, passenger on nearby tram, heard crash and saw pool of blood. H suffered nervous shock + gave birth to still born. H sued Y's estate. Held: Y owed no duty of care to H as he could not reasonably anticipate it.
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Jolley V London Borough of sutton (House of lords, 2000)
Council failed to move a cabin cruiser that had been abandened on Council Housing Estate. Jolley (age 14) was injured trying to repair it. Held: Council was liable because some sort of damage from children from leaving the boat was foreseeable.
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Thin Skull Principle - Smith V Leech Brain and co
S burned lip by molten metal while working for L. Burn caused latent cancer to become active. Held: L liable to S for causing S's cancer.
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Volenti non fit injuria
Consent
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ICI v Shatwell
S + his brother worked as blasters in ICI quarry. They were trained + has clear safety procedures. They 'tested' detonators without taking the required precautions and were badly injured. Held: Volenti
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Haynes v Harwood
Haynes, policeman, injured when stopping a bolting horse that had been negligently tethered by its owners. Held: Defence of volenti did not apply
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Smith V Baker
S worked in cutting with a crane (operated by baker) regularly swinging his head. Stone fell and injured him. Held: Person doesn't consent to a risk because he is aware of it.
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Novus Actus interveniens
New act intervenes - breaks the chain of causation
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Contributory negligence
passenger in car failing to wear a seatbelt - Reduces damages but doesn't excuse the defendant from their negligent act
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Illegality
Actions based on an illegal act will fail, e.g burglar A injuries burglar B during a break-in by negligently handling explosives.
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Public Policy
Unwilling to 'open the floodgates' to huge number of actions. e.g. anyone too remote from a tortious act is unable to succeed.
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Inevitable accident
An accident that could not have been avoided by the exercise of reasonable skill and care.
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Act of God
Natural cause, Storms, earthquakes, floods.
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Strict Liability
No requirement for claimant to prove negligence. If something hazardous escapes from your land. e.g. bull, roof tiles, you are generally liable for any damage caused.
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Necessity
Reasonable steps taken in an emergency to save property or lives.
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Reasonable self-protection
not include running razor wire across lawn in front of house. We all have duty to make our property safe for visitors.
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Hedley Byrne V Heller and partners Ltd
Establishment of special relationship is important in establishing a duty of care.
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Caparo industries V dickman and touche ross and co 1990
C took over Fidelity after relying on F's accounts which had been audited by D, lead partner for Touche. Accounts showed project £1.3M actual loss £400K. Held: no duty of care owed by auditors to public at large, including potential shareholders
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Who do Auditors owe duty of care to
Shareholders as a body not to individual shareholders or potential sharehodlers
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Other cards in this set

Card 2

Front

Taxi driver who injures his passenger while driving negligently has breached his contract to deliver his client safely and considerately, committed the tort of negligence and has committed the criminal act of dangerous driving.

Back

Example of Tort

Card 3

Front

Negligence, defamation, assault, trespass, nuisance and passing off.

Back

Preview of the back of card 3

Card 4

Front

owed duty of care by defendant, duty of care was a breach, actual damage was caused in fact- cousation, actual damage was caused in law - proximity/remoteness

Back

Preview of the back of card 4

Card 5

Front

Someone who is so closely and directly affected by an action that a reasonable person ought reasonable to have him in his contemplation at the time of acting

Back

Preview of the back of card 5
View more cards

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