Transcript Torts A Revision Seminar

Torts A Revision Seminar
Stuart Butterworth
Torts A Examination
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Issue spotting
Torts
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Issue spotting
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Torts to person?
Torts to goods?
Torts to land?
Defences?
Vicarious Liability?
Non-delegable duties?
Torts A Examination
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Issue spotting
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Structure
Torts
Torts to person
 Torts to goods
 Torts to land
 Defences
 Vicarious Liability
 Non-delegable duties
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Torts
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Torts to person
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Battery
Assault
False Imprisonment
Action on the case
Definition
Elements
Parties
Fault
Act
Defences
Standing
to sue?
Remedies
Torts
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Battery
A battery is a direct, intentional or
negligent positive act of the defendant
causing contact with the body of the
plaintiff (Collins). For battery to be made
out, P must prove that D made direct
contact with P’s body, after which D must
prove that the contact was without fault
(intention, recklessness or negligence). All
elements of the tort must be proved on
balance of probabilities.
Torts
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Battery
◦ Definition
Torts
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Battery
A battery is a direct, intentional or
negligent positive act of the defendant
causing contact with the body of the
plaintiff (Collins). For battery to be made
out, P must prove that D made direct
contact with P’s body, after which D must
prove that the contact was without fault
(intention, recklessness or negligence). All
elements of the tort must be proved on
balance of probabilities.
Torts
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Battery
◦ Definition
◦ Standing to sue?
◦ Elements:
 Contact
 Directness
 Knowledge?
◦ Fault
◦ Defences?
◦ Remedies?
Torts
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Assault
An assault is a direct threat by D which,
intentionally or negligently, places P in
reasonable apprehension of an imminent
harmful or offensive contact with P’s
person (Rixon). To establish assault P must
prove the elements of the tort, after which
D must prove that the contact was
without fault (intention, recklessness or
negligence). All elements must be proved
on balance of probabilities.
Torts
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Assault
◦ Definition
Torts
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Assault
An assault is a direct threat by D which,
intentionally or negligently, places P in
reasonable apprehension of an imminent
harmful or offensive contact with P’s
person (Rixon). To establish assault P must
prove the elements of the tort, after which
D must prove that the contact was
without fault (intention, recklessness or
negligence). All elements must be proved
on balance of probabilities.
Torts
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Assault
◦ Definition
◦ Standing to sue?
◦ Elements:
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Threat
Directness
Imminence
Reasonable Apprehension
Knowledge?
◦ Fault
◦ Defences?
◦ Remedies?
Torts
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False Imprisonment
False imprisonment if any intentional or
negligence total, wrongful restraint of
the liberty of P directly brought about
by D.
Torts
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False Imprisonment
◦ Definition
Torts
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False Imprisonment
False imprisonment if any intentional or
negligence total, wrongful restraint of
the liberty of P directly brought about
by D.
Torts
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False Imprisonment
◦ Definition
◦ Standing to sue?
◦ Elements:
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Total Restraint
Wrongful Restraint
Directness
Knowledge?
◦ Fault
◦ Defences?
◦ Remedies?
Torts
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Action on the case
An action on the case may be brought
where a wilful act or statement by D,
calculated to cause harm, in facts causes
harm of a legally recognisable kind to P.
For an action on the case to be successful,
P must prove on balance of probabilities
that:
1.
2.
D’s act was calculated to cause harm.
Compensable harm was caused as a result of D’s
act.
Torts
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Action on the case
◦ Definition
Torts
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Action on the case
An action on the case may be brought
where a wilful act or statement by D,
calculated to cause harm, in facts causes
harm of a legally recognisable kind to P.
For an action on the case to be successful,
P must prove on balance of probabilities
that:
1.
2.
D’s act was calculated to cause harm.
Compensable harm was caused as a result of D’s
act.
Torts
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Action on the case
◦ Definition
◦ Standing to sue?
◦ Elements:
 Act
 Calculated to cause harm
 Harm in fact caused
◦ Defences?
◦ Remedies?
Torts
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Torts to goods
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Trespass to Goods
Action on the Case
Conversion
Detinue
Goods?
Interest?
Definition
Parties
Act
Standing
to sue?
Elements
Fault
Defences
Remedies
Torts
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Good
“Tangible, moveable object capable of
being actually possessed.”
Torts
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Interest
Torts
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Interest
◦ Does a bailment exist?
 Is there more than one bailment?
◦ What are the rights of the plaintiff?
Torts
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Bailment
WTF?
Torts
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Bailment
◦ Fixed Term Bailment
◦ Bailment-at-will
Torts
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Requirements for Bailment
◦ Goods must have been delivered to bailee for a
purpose
◦ Bailee must take possession of goods
◦ Both bailor and bailee must agree to the bailment,
there must be intention that the thing be delivered
and received; Ashby v Tolhurst
◦ It must be intended that the thing be returned to
the bailor or his agent.
Torts
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Fixed Term Bailment
◦ Period of Time
◦ Until an Event
Effect:
- Bailor maintains ownership.
Torts
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Bailment at will
◦ Terminable on demand by bailor.
Effect:
- Bailor has an immediate right to possession.
Torts
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Interest
◦ Does a bailment exist?
 Is there more than one bailment?
◦ What are the rights of the plaintiff?
Torts
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Interest
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Actual Possession
Constructive Possession
Immediate Right to Possession
Proprietary Interest
Other Interests
Torts
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Trespass to Goods
A trespass to goods is any voluntary act of D
which intentionally or negligently results in a
direct, physical interference with a good in
possession of another without lawful
justification. For trespass to goods to be made
out, P must prove that D made direct contact
with P’s goods, after which D must prove that
the contact was without fault (intention,
recklessness or negligence). All elements of the
tort must be proved on balance of
probabilities.
Torts
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Trespass to Goods
◦ Definition
Torts
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Trespass to Goods
False imprisonment if any intentional or
negligence total, wrongful restraint of
the liberty of P directly brought about
by D.
Torts
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Trespass to goods
◦ Definition
◦ Standing to sue?
◦ Elements:
 Direct Act
 Interference
◦ Fault
◦ Defences?
◦ Remedies?
Torts
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Conversion
A conversion is an act of wilful
interference with any chattel in a
manner inconsistent with the right of
the person entitled to it, whereby that
other is deprived of the use and
possession of it.
Torts
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Conversion
◦ Definition
Torts
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Conversion
A conversion is an act of wilful
interference with any chattel in a
manner inconsistent with the right of
the person entitled to it, whereby that
other is deprived of the use and
possession of it.
Torts
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Conversion
◦ Definition
◦ Standing to sue?
◦ Elements:
 Conversionary Conduct
◦ Fault
 Actual Intention
 Imputed Intention
◦ Defences?
◦ Remedies?
Torts
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Detinue
An action in detinue may be maintained
where D refuses or is unable to return
goods of which he has or had actual or
constructive possession upon the
making of a proper demand by P.
Torts
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Detinue
◦ Definition
Torts
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Detinue
An action in detinue may be maintained
where D refuses or is unable to return
goods of which he has or had actual or
constructive possession upon the
making of a proper demand by P.
Torts
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Detinue
◦ Definition
◦ Standing to sue?
◦ Elements:
 Delivery
 Proper Demand
 Categorical Refusal
◦ Fault
 Fault of another
 D exercised reasonable care
◦ Defences?
◦ Remedies?
Torts
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Action on the case
An action on the case may be brought
by any person with a proprietary
interest in a good which has been the
subject of intentional or negligent
permanent
damage, disposal
or
destruction.
Torts
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Action on the case
◦ Definition
Torts
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Action on the case
An action on the case may be brought
by any person with a proprietary
interest in a good which has been the
subject of intentional or negligent
permanent
damage, disposal
or
destruction.
Torts
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Action on the case
◦ Definition
◦ Standing to sue?
◦ Elements:
 Damage
 Wrongful Act
◦ Fault
◦ Defences?
◦ Remedies?
Torts
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Torts to land
◦ Trespass to land
◦ Private Nuisance
Land?
Interest?
Definition
Parties
Act
Standing
to sue?
Elements
Fault
Defences
Remedies
Torts
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Trespass to land
A trespass to land is any voluntary act
of D which intentionally or negligently
results in an interference with P’s
exclusive right to possession of land.
Torts
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Trespass to land
◦ Definition
Torts
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Trespass to land
A trespass to land is any voluntary act
of D which intentionally or negligently
results in an interference with P’s
exclusive right to possession of land.
Torts
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Trespass to land
◦ Definition
◦ Standing to sue?
◦ Elements:
 Direct Act
 Interference
◦ Fault
◦ Defences?
◦ Remedies?
Land?
Definition
Elements
Interest?
Parties
Act
Defences
Standing
to sue?
Remedies
Torts
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Private nuisance
A private nuisance is an unreasonable
interference with the use and
enjoyment of land.
Torts
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Private nuisance
◦ Definition
Torts
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Private nuisance
A private nuisance is an unreasonable
interference with the use and
enjoyment of land.
Torts
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Trespass to land
◦ Definition
◦ Standing to sue?
◦ Elements:
 Interference
 Unreasonableness
 Physical damage (always unreasonable)
 Sensible personal discomfort (may be unreasonable)
 Persons legally responsible
◦ Fault
◦ Defences?
◦ Remedies?
Torts A Examination
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Issue spotting
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Structure
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Facts
Torts A Examination
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Issue spotting
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Structure
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Facts
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Time
High Distinction?
Draw analogies
 Use facts
 Use of law
 Identify weaknesses
 Argue for P and D
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