Chapter 1 - Basic Principles Flashcards
What are the three basic characteristics of the law of tort?
1- There is a normative behavioural standard
2- Compensation is provided for the victim
3- There should be retribution against the tortfeasor
What is negligence?
When a breach of duty of care causes foreseeable harm
What is nuisance?
Interference with someone else’s enjoyment of something (such as land)
What is illustrated by Rylands v Fletcher in relation to nuisance?
Liability will be imposed on someone who brings something onto their land which would cause problems should it escape.
What is defamation and what are the two types?
Untrue statements which are or could be damaging to reputation. Libel (permanent statements) and slander (transient statements).
What is trespass? (in relation to land)
Unauthorised entry onto someone else’s land
What are the three types of trespass to the person?
1- Assault: intentional or reckless act causing reasonable apprehension of infliction of physical force
2- Battery: intentional or reckless physical force without consent
3- False imprisonment: unlawful restriction of freedom
What are manufacturers liable for under the Consumer Protection Act 1987?
Any defective product where the safety of the product is not as can be reasonably expected. They will be liable for any death, personal injury or damage to property costing more than £275 to rectify which is caused as a result
What duty do occupiers have under the Occupier’s Liability Act 1957 and what more limited duty was added in the Occupier’s Liability Act 1984?
Occupiers have a duty of care to any lawful visitor to the premises to make them reasonably safe. The 1984 Act added a more limited liability in relation to non- visitors or trespassers.
What are keepers liable for under the Animals Act 1971?
They are strictly liable for any damage done by an animal which is inherently dangerous or known to have dangerous tendencies. Strictly liable meaning liable even if not at fault
How was the tort of negligence defined in Blyth v Birmingham Waterworks Co [1856]
Omitting to do something which a reasonable person would do, or doing something which a reasonable person would not do
What three elements must be established by a claimant for a negligence claim?
1 - Defendant owed them a duty of care
2 - The duty was breached
3 - The breach caused loss recoverable in tort
What three relationships establish a duty of care?
1 - road users to all other road users and those within the range of reasonable foreseeability
2 - doctors, nurses and healthcare workers to their patients (Darnley v Croydon…)
3 - employers to their employees
How is a breach established?
By measuring the conduct of the defendant against that of a “reasonable” person in the same situation. This is an objective test which does not consider the individual characteristics of the defendant at the time they committed the tort.
In what case was the test for establishing a breach of duty of care (reasonable person test) applied?
Glasgow Corporation v Muir [1943]