Transcript No Slide Title

The nature and functions of the Law of Torts.
Definition – A tort is a breach of a legal duty owed,
independent of contract, by one person
to another, for which a common law action
for unliquidated damages may be brought.
• A tort is a CIVIL WRONG
• Wrongdoer is called the DEFENDANT
• Claimant SUES for monetary compensation
called ‘DAMAGES.’
Examples – Negligence, trespass, nuisance,
employers and vicarious liability
•
•
The Law of Torts and Criminal Law
Assault in crime = Trespass to the person in Tort
Aims and functions of Torts
Compensation
Restoration
To decide rights of parties
Punishment
Types of liability
1. Personal liability
2. Strict liability – RARE! See Rylands v. Fletcher in
Lecture Five
3. Vicarious liability
– Remedies
–
DAMAGES
- see different types of damages
–
INJUNCTIONS
- see different types
–
SELF HELP
•
Defences to an action in tort
Note – In general mistake is no defence to a tort action
1. CONSENT
See the three key elements
Quote –
Smith v. Baker (1891)
Case law Wooldridge v. Sumner (1963)
Morris v. Murray (1990)
Condon v. Basi (1985)
Other defences –
2. Inevitable accident
Stanley v. Powell (1891)
3. Act of God
Natural cause without human intervention
Unpredictable – could not be guarded against
Carstairs v. Taylor (1871)
Slater v. Worthington Cash Stores (1930)
4. Necessity
Leigh v. Gladstone (1909)
5. Self – defence
See elements for consideration
Cockroft v. Smith (1705)
6. Preventing crime
7. Discipline of children
8. Act of State
9. Statutory Authority – Tate and Lyle case (1983)
10. Illegality – Cross v. Kirby (2000)
The Law of Negligence
• DEFINITION
Negligence is a breach of a legal duty to take
care which injures another to whom a duty
is owed, the injury not being too remote.
Key elements –
•
Duty of care
•
Breach of duty- reasonable man test
•
Causation not being too remote
If one element is missing = no negligence
1. The duty of care
When does a legal duty arise?
Donoghue v. Stevenson (1932)
See case facts
Neighbour principle – See Lord Atkin’s definition
Home Office v. Dorset Yacht Co (1970)
Test reformulated as a two fold test in –
Anns case (1978)
Criticisms led to demise of Anns precedent
Caparo Industries v. Dickman (1990)
Watson case (2000)
Overruling of Anns –
Murphy v. Brentwood District Council (1990)
2. Breach of duty
Blyth case (1856) –
see definition of negligence
The reasonable man test.
Glasgow Corporation v. Muir (1943)
Factors –
• Foreseeability – Bolton v. Stone (1951)
• Gravity of injury – Paris v. Stepney B. C. (1950)
• Emergencies – Daborn v. Bath Tramways (1946)
• Standard of care – Phillips v. Whitely (1938)
Wells v. Cooper (1958)
3. Causation
The defendant has caused the damage which is the result
of the breach not being too remote.
Barnett v. Chelsea & Kensington Hospital
Management Committee (1969)
Special defence to an action in negligence
– Contributory Negligence
Evans v. Souls Garage (2000)
Remedy – Damages but‘no damage no compensation’