Flashcards
Chapter 1
Cards in this deck (21)
- 1Bradford Corporation v Pickles [1895]D had extracted water which flowed under his land, reducing water supply in C's reservoir. Intention was to force C to compulsory purchase his house.
Malice - Motive is not relevant. D had right to extract water from his land. - 2Nettleship v Weston [1971]Learner Driver. Judged by average competence, not average learner.
Negligence - Objective standard.
No account is taken of individual's disabilities or peculiarities. - 3Rylands v Fletcher [1868]Liability for accumulating dangerous substances that escape and cause harm to another's land.
- 4Tomlinson v Congleton Borough Council [2003]Precedes
ss1 & 2 Compensation Act 2006 - 5Mullin v Richards [1998]The proper standard of care to be expected from a child is what a reasonable child of that age would be capable of achieving.
- 6Fitzgerald v Lane [1988]Contributory negligence - allocation of responsibility.
- 7Interests protected by Tort LawPersonal security
Property
Economic Interests (limited protection) - 8Mental element in Law of TortMalice,
Intention,
Negligence,
Strict Liability. - 9Malice* intentional doing of some wrongful act without proper excuse; or
* acting with some collateral or improper motive.
If a person has a right to do something, their motive for doing it is irrelevant.
May be evidence that D hasheetss acted unreasonably - 10Negligence (mental element)Careless conduct. Objective standard.
- 11IntentionRelevant in torts deriving from writ of trespass.
When a person wishes to produce a result forbidden by law, and he foresees it and carries on anyway. - 12Objectives of Torti) Deterrence - (Individual: D will be deterred from causing an accident in future or general/market);
ii) compensation - 13Damnum Sin InjuriaHarm without legal wrong
- 14Injuria sine damnoLegal wrong even though no harm caused
- 15Strict LiabilityHolds a defendant liable even if he has taken all reasonable care to avoid the accident.
- 16s.7 Human Rights Act 1998Enables a victim of a breach to bring a claim against a public authority.
- 17s.3 Human Rights Act 1998Legislation must be given effect in a way which is compatible with ECHR
- 18s.4 Human Rights Act 1998A higher court may make a declaration that legislation is incompatible with ECHR.
A minister can then make amendments using a fast track procedure. - 19Article 8 European Convention on Human RightsRight to respect for private and family life
- 20Article 10 European Convention on Human RightsFreedom of expression
- 21MinorsNo distinction between adult and minor.
No defence of infancy.
Parent is not liable for the torts of his child unless under some separate principle but can be sued for failure to control child
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- Level 6 Law of Tort (General Principles of Liability) Flashcards on Chapter 1, created by Dave Ballam on 06/07/2017.
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- Dave Ballam
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