Chapter 2 Key Points

Question 1

what is a tort/legal wrong

Answer 1

arises from a breach of duty fixed by law
victim can bring an action in tort against the wrongdoer

Question 2

what is the remedy in tort

Answer 2

action for unliquidated damages

Question 3

what does unliquidated mean

Answer 3

amount of damages is not fixed in advance but decided by the court

Question 4

what is the general purpose of the law of torts

Answer 4

to protect people’s rights by allowing them to sue if their interests are invaded, threatened or harmed

Question 5

what does a defamation tort protect

Answer 5

a person’s interests in their reputation

Question 6

what are the two types of defamation torts

Answer 6

libel and slander

Question 7

what does libel mean

Answer 7

the defamatory statement is in a permanent form (i.e. in writing)

Question 8

what does slander mean

Answer 8

the statement is in a transient (non-permanent) form (i.e. speech or gestures)

Question 9

what does a trespass tort protect

Answer 9

a person against deliberate physical harm

Question 10

what does a private nuisance and trespass to land tort protect

Answer 10

a person’s interest in the land they occupy

Question 11

what does breach of copyright of patent design tort protect

Answer 11

a person’s interest in their intellectual property

Question 12

how can torts be classified

Answer 12

by the type of behaviour that the wrongdoer must exhibit and the degree of fault (if any) which is necessary

Question 13

do torts have to be intentional

Answer 13

they can be intentional, or require negligence or other fault, can impose strict liability where no intent or fault is required

Question 14

what does trespass require

Answer 14

direct act by defendant
intentional act by defendant

Question 15

what are the three forms of trespass

Answer 15

to the person
to goods
to land

Question 16

types of trespass to the person

Answer 16

assault, battery or false imprisonment

Question 17

when does trespass to goods occur

Answer 17

when the defendant directly and intentionally interferes with goods in the possession of another

Question 18

what happens if goods are deliberately dealt with in a way inconsistent with the rights of the owner

Answer 18

they can be sued for conversion

Question 19

what is trespass to land

Answer 19

the direct interference with land which is in the possession of another

Question 20

what are the forms of trespass to land

Answer 20

unlawful entry onto the land of another
unlawfully remaining on the land of another
unlawfully placing or throwing any material object upon the land of another

Question 21

which tort is the most important today

Answer 21

negligence

Question 22

what is negligence

Answer 22

failure to take care in circumstances where the law demands that care should be taken

Question 23

what claims does negligence give rise to

Answer 23

claims for damages by the person who suffers harm as a result

Question 24

what must a claimant do for an action in negligence to succeed

Answer 24

must show a duty of care is owed to them by the defendant
that the defendant breached that duty
that the claimant has suffered damage as a result of the breach

Question 25

what is the leading case on duty of care

Answer 25

donoghue v stevenson (involves a snail in a bottle of ginger beer)

Question 26

which principle did donoghue v stevenson introduce

Answer 26

the neighbour principle

Question 27

what is the neighbour principle

Answer 27

a duty of care is owed to another person if it is reasonable foreseeable that they will be affected by one's acts or omissions

Question 28

when does a breach of duty occur

Answer 28

when a defendant fails to do what a reasonable person would have done in the circumstances, or does what a reasonable person would not have done

Question 29

when will the defendant be liable

Answer 29

for damage that is not too remote

Question 30

what does novus actus interveniens mean

Answer 30

new intervening cause

Question 31

what happens when the chain of causation is broken by a novus actus interveniens

Answer 31

the defendant will not be liable for subsequent damage

Question 32

what did the hedley byrne case establish

Answer 32

liability for negligent misstatement where there is a special relationship between the parties

Question 33

what happened in the hedley byrne case

Answer 33

it is reasonably foreseeable that advice will be acted upon and loss will be suffered if the advice is inaccurate, the advice is indeed acted upon and the claimant sustains loss

Question 34

which type of loss will the courts not normally allow

Answer 34

pure economic loss

Question 35

what can a person who suffers bodily injury do for any psychiatric injury that accompanies it

Answer 35

recover damages

Question 36

what must be done by a person who suffers psychiatric illness following the shock of witnessing a terrible accident caused by the negligence of another

Answer 36

establish that they fall within a class of persons to whom a duty is owed in order to recover damages

Question 37

what are the two main categories of negligence victims

Answer 37

primary and secondary

Question 38

what is a primary victim

Answer 38

suffer shock through fear for their own safety

Question 39

what is a secondary victim

Answer 39

suffers shock through fear for the safety of others

Question 40

what did the hillsborough cases confirm

Answer 40

secondary victims have to establish proximity in order to recover damages

Question 41

what are the two forms of nuisance

Answer 41

private and public

Question 42

what is public nuisance

Answer 42

the carrying on of an activity likely to cause inconvenience or annoyance to the public

Question 43

what is private nuisance

Answer 43

and unlawful interference with a person's use or enjoyment of their land

Question 44

what is the rylands v fletcher rule

Answer 44

an example of strict liability for escapes of a damage-causing thing arising from non-natural use of land, and gives rise to a form of nuisance claim

Question 45

what is vicarious liability

Answer 45

one person is held liable for wrongs committed by another

Question 46

what is the most common example of vicarious liability

Answer 46

employer/employees

Question 47

what did the occupiers' liability act 1957 do

Answer 47

codified the common law position, places a duty on occupiers to take care to ensure that visitors will be reasonably safe in using the premises

Question 48

which duties are trespassers owed

Answer 48

in respect of hazards of which occupiers are or should be aware, and only if the occupier should be aware of their presence

Question 49

what can the liability for defective products by strict under

Answer 49

the consumer protection act

Question 50

list some general defences in tort

Answer 50

self defence necessity statutory authority consent and volenti contributory negligence

Question 51

how long does the victim of personal injury have to take action

Answer 51

three years

Question 52

how long does a victim of libel and slander have to take action

Answer 52

one year

Question 53

how long does a victim of a civil wrong that doesn't involve personal injury or defamation have to take action

Answer 53

six years

Question 54

what are the main remedies in tort

Answer 54

damages and injunctions