1. intentional, 2. Direct, 3. Actionable, 4. Protects Rights
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3 distinct torts in trespass to the person?
Assault, battery and false imprisonment
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Negligence requirements?
1. Duty of care, 2. Breach of duty, 3. Causation of damage
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What is a novel duty?
A new duty which has never come before the courts before.
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What are the elements for causation of damage?
1. As a matter of fact, did D cause damage to c? 2. Was there any intervening act? 3. Was the harm foreseeable? 'remoteness'
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What defence is available to negligence
contributory negligence
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Definition of negligence?
Failure to take proper care over something.
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What is the basis of liability in negligence?
Careless conduct, negligence is clearest example of fault-based tort.
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Main case for Novel duty situations?
Caporo Industries plc v Dickman
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Capro 3 stage test?
1. foreseeability, 2. Proximity, 3. Fair, just and reasonable
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lead case for foreseeability?
Bourhill v Young
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What is proximity ?
Courts look to find a close enough connection for a duty of care to arise between two people that is fair and reasonable
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In what type of cases is proximity likely to arise?
1. Where D has directly caused physical harm to C by positive actions; and (likely) 2. Where D's involvement is indirect; D has omitted to act; C's loss not physical: D is a public body (hard to establish)
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Why is hard to show proximity between a public body and an individual?
Public bodies have to treat each citizen the same and not treat one better than the other
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Policy arguments to fair,just and reasonable element?
Floodgates arguement, use of public resources, public benefits from imposing duty, detterance
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Exception to an omission?
An occasion where D is in position of power of control over another; 1. Either over C or 2. Over third party who the causes harm to C
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Lead case for exception to an omission?
Carmarthenshire County Council v Lewis
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Breach of duty: Standard of care?
D must meet the standard of care of the ordinary reasonable person in D's position
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Exceptions to lower the standard of care?
When Children are the defendants and when the Defendant was acting in an emergency
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Standard of care for a Skilled defendant?
D must meet standard of a reasonable person with that skill- Bolam v Frierh
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