Tort_Law_Flashcards
(18 cards)
What are the key requirements for an action under the writ of trespass?
Direct interference, intentional conduct, and physical harm.
Scott v. Shepherd (1773): What happened and why was it actionable in trespass?
Defendant threw a lit squib into a crowd; chain of causation remained foreseeable and direct—trespass upheld.
Smith v. Stone: Why wasn’t the defendant liable for trespass?
He was carried onto the land involuntarily—no voluntary action.
What was the function of the writ of action on the case?
To address indirect, negligent, or consequential harms.
Donoghue v. Stevenson: Key facts and legal principle?
Plaintiff fell ill from a decomposed snail in ginger beer. Court established duty of care via neighbour principle.
Hutchins v. Maughan: Why was action on the case appropriate?
Poisoned bait killed dogs indirectly—trespass too strict; case allowed indirect harm.
What defines modern tort liability?
A breach of legal duty that infringes on rights or liberties.
Difference between wrong-based and right-based tort approaches?
Claimant asserts duty breach; defendant may justify actions (e.g., lawful authority).
Livingstone v. Rawyards Coal Co.: What does it illustrate?
Compensation principle—damages must restore claimant to pre-harm position.
Wilkinson v. Downton: What injury was compensated?
Psychological shock caused by a lie—intentional infliction of emotional distress.
Bonnard v. Perryman: When can injunctions be granted in defamation cases?
Only pre-trial if no viable defence exists.
What is the Hand Formula from U.S. v. Carroll Towing Co.?
B < PL (Burden < Probability x Loss)—for cost-effective precautions.
Balfour v. Barty-King: Core principle?
Allocation of responsibility based on proven fault.
Ashby v. White: Why was denial of the vote actionable?
Rights violation is tortious even without physical harm.
What is the civil burden of proof in tort?
Balance of probabilities—more likely than not.
What happens if a defendant raises a defence in tort?
They carry the evidential burden to rebut the claim, not full burden of proof.
How does criminal process differ from tort?
Criminal requires proof beyond a reasonable doubt; tort uses balance of probabilities. Criminal defendants are presumed innocent (S.23(4), Sierra Leone Constitution).
What does the mnemonic C.A.D.E.L.J. stand for?
Compensation, Appeasement, Deterrence, Economic efficiency, Liability (allocation), Justice.
