Tort Law: General Principles notes
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This page gathers more than 60 notes on Tort Law: General Principles, covering duty of care, damages, nuisance and other topics. University students and professional candidates can use them to review tort principles, while teachers can find material for lessons. Browse the notes to find a topic to revise.
Select topic
- Negligence161
- Duty of care65
- Breach of duty20
- Causation and remoteness44
- Economic loss and psychiatric injury26
- Occupiers' liability62
- Employers' liability9
- Vicarious liability41
- Intentional torts and trespass to the person67
- Trespass to land5
- Nuisance65
- Strict liability, Rylands v Fletcher and product liability43
- Defamation and privacy30
- Defences in tort27
- Damages and remedies in tort22
Notes
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Torts. I. INTENTIONAL TORTS. A. PRIMA FACIE CASE. To establish a prima facie case of intentional tort, plaintiff must prove: (1) act by defendant; (2) intent; and (3) cau...
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Key Points: Tort Caparo Test: + Duty of Care 1) Harm to C was reasonably foreseeable - objective test - Easily satisfied (notwithstanding palsgraf and Bourhill) -reasonable...
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Tort remaining 3, 4, 5, 6 on notebook, 7 General Defences: once all elements of tort have been established, the only way a defendant may escape liability is to rely upon a defence; defences can be in general e.g. consent or tort-specific e.g. self defence wh...
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Intro to Tort notes What are ‘Torts’? A tort is a breach of a duty (other than to pay money) Imposed by law Primary remedy is one of compensatory damages With the main focus, as to put you back in the position you were before the ...
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Tort: Damages The indemnity principle · The object of an award of damages is to give the claimant full compensation for the damage, injury or loss that D’s tort has caused him. · ...
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Tort Exam Revision Negligence: Psychiatric Injury (Nervous Shock) Mere Distress No compensation can be given in tort, for grief, disappointment and distress People of normal disposition are expected to cope with these emotions Spouse of...
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Occupier's Liability - CASE LIST Split between Common Law (activity on premises) and Legislation (state of the premises) Hackett v Calla Associates - plaintiff was thrown out of club and started a riot - suffered injuries due to activity on pre...
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Occupiers' Liability Situation where C suffered an injury/property damage ON SOMEONE ELSE'S PREMISE as a result of the STATE/CONDITION of the premise OLA 1957 section 2(1) imposes duty on occupier's by stating that occupiers owe their vis...
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Torts notes 2 Torts notes part 2 Scanlan v American Cigarette Company [1978] D showed risk of activity to P, P not aware of risk involved P has been informed and accepted terms of the agreement. A man is not willing unless he...
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Tort Practise Questions 2015 Paper Alisha, a prison officer from Wessex Prison, was driving prisoners to court in a prison van one cold January morning. She was speeding, lost control of the van and crashed into a tree. The back doors of the...
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Duty of Care DUTY OF CAREHistory if you are doing something that is reasonably foreseeable could cause harm to somebody, you owe them a duty of care - Donoghue v Stevenson Donoghue v Stevenson brought every elements together in te...
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Cases 1 - Tort revision CASESCork v Kirby MacLean Ltd- Causation But for Test. A workman who had epilepsy was set to work painting the roof inside a factory, which necessitated his doing the work from a platform 23 t above the factory f...
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Tort Essays Duty of Care THE SCOPE OF THE DUTY OF CARE IN NEGLIGENCE DEPENDS ULTIMATELY ON THE COURTS' ASSESSMENT OF THE NEED TO PROTECT SOCIETY FORM THE CARELESSNESS OF OTHERS. Discuss. Plan: broad question which req...
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INJURIES TO SPECIFIC INTERESTS - created from Mind Map A. DELICTS AGAINST THE PERSON (1) ASSAULT (2) HARASSMENT (3) WRONGFUL DEPRIVATION OF LIBERTY A wrongful physical act directed against another with the intention of causing affront, insult or harm. (Bell Principles, § ...
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Tort Law TCA Revision Introduction To Tort Law What is Tort ? The French word for wrong Branch of civil law Provide remedy to someone who suffered harm as result of someone else Criminal and Civil Wrongs Some acts civil, some criminal, som...
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LIABILITY - created from Mind Map
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Tort 4 - Defences Tort 4 - Defences Compare the roles played by the defences of contributory negligence and volenti non fit iniuria in personal injury litigation. Car accidents - VNFI – driver-passenger situations DO NOT a...
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Cases Tort 2 Latimer v AEC LtdA factory floor was dangerously slippery following flooding. The employer put down sawdust but did not have enough to cover the whole floor. Employee was injured when he slipped on an uncovered patch....
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Law of Tort Tort Tort has no fixed definition however it can be defined as a civil wrong against the individual which can re rectified through compensation of damages or an injunction. The burden of prove is on the claiman...
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Vicarious Liability - CASE LIST Vicarious Liability - Making a third party liable for someone else's wrongdoing - depends on their legal responsibility over your actions Imperial Chemical Industries v Shatwell - The master, presumably for his...
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Occupiers' Liability Occupiers’ Liability Lawful Visitor Express or implied Repeated visits Lowery v Walker Doctrine of allurement – children Jolley v Sutton Entry in order to communicate Robson v Hallett Statutory powers of entry Trespas...
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Chapter 8 Negligence
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VICARIOUS LIABILITY - created from Mind Map Who is an Employee Control test Organisation or Integration Test Economic reality test Distinguishes between an employee and independent contractor on the basis of whether the employer had the right to control the wor...
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Nervous Shock - CASE LIST Nervous Shock - Pure Psychiatric Injury Zone of Danger Byrne v Southern and Western Railway - sitting in waiting room and train crashed through it - did not suffer harm - able to sue for nervous shock - placed ...
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VICARIOUS LIABILITY - created from Mind Map WHAT IS VL JUSTIFICATION LIABILITY IN RESPECT OF AGENTS
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Tort of Negligence - created from Mind Map Tort is used to protect those who do not have a contract 1. Defendant owes plaintiff a duty of care "Neighbourhood Principle" in Donohuge v Stevenson (1932) Ann's 2-Stage Test in Anns v Merton London Borough Council (...
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Class 8 Negligence To succeed in a negligence action' the plaintiff must prove: That the defendant owed a duty of car to the plaintiff That the defendant breached that duty of care that the defendant's breach caused the plain...
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Tort Law II Private Nuisance defendant unlawfully interferes with his use or enjoyment of his land plaintiff complains of an 'invasion' of his land resulting from activities committed on defendants land usually smell or noise rel...
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tort of negligence Tort law determines who bears the loss which results from the defendents actions, for example, driver A knocks down pedestrian B in the street. B suffers personal injury. Tort law will determine who bears the loss suf...
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Employers liability - created from Mind Map Common law duty Safe Premises Safe equipment Safe System of work Competent staff- employer must make sure he employs competent staff if not could wind up being liable in vicarious liability and employers liability. co...
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Damages 5th Element of Negligence- Damages There are three broad categories that may be awarded in torts: Nominal - a trivial sum of money awarded to a litigant who has established a cause of action but has not establish...
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Class 7 What is a tort? Tort law deals with situations where a person's behavior has unfairly caused someone else to suffer loss or harm. A tort is not necessarily an illegal act but caused harm, The law allows anyone who is ...
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Vicarious Liability Notes Tortfeasor: The person who has committed the tort (employee). CONTROL TEST: 1) Did the employer have the right to select the employee? 2) Did the employer have the right to control the method of working? 3) Did the em...
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Negligence (Duty of Care) (Acts & Omissions) - created from Mind Map Claim must prove three things: Two Stage Test for establishing liability in negligence Duty of Case
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Rylands v Fletcher Notes 1) The claimant is the person who has an interest in the land affected. 2) The defendant must be the owner or the occupier of the land upon which the material is stored. THE THING THAT ESCAPED MUST BE BROUGHT ONTO THE...
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Private Nuisance Definition: "An unlawful interference with a person's use or enjoyment of land coming from neighbouring land." The Claimant: Anyone can claim. Must have some interest in the land. The Defendant: A person who is allowi...
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Employer's liability Employer's liability Employer's personal duty 1. Competent staff Hudson v Ridge Manufacturing Co Ltd Waters v Commissioner of Police of the Metropolis 2. Adequate equipment Bux v Slough M...
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Pure economic loss Pure Economic Loss;- Recovery for pure economic loss arises under negligent misstatement - Hedley Burn v Heller-and under the Fatal Accidents Act It is different from consequential loss, focuses less on...
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Private and Public Nuisance Private nuisance- activity which interferes with C's right to use their property in a reasonable wayClaimant: legal interest in land affected - Hunter v Canary WharfDefendant: creator of nuisance- Tetley v Chitty/Sedl...
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Occupiers Liability Act 1984 Notes Trespasser: A person who has no permission or authority to be on the occupier's premises or a visitor who has gone beyond their permission to be on the premises. S1(1): An occupier owes a duty of care to people other ...
More Tort Law: General Principles resources
About tort law: general principles notes
GoConqr OriginalWhat the Tort Law: General Principles notes cover
These notes look at tort law from several angles. Key Points: Tort covers the Caparo test and duty of care, while Tort: Damages discusses compensation. Other notes address intentional torts, occupiers' liability, nuisance and economic loss.
How to revise with notes
Start with Intro to Tort notes for an introduction to torts and their remedies. For a particular topic, move to a focused note such as Pure economic loss or Chapter 8 Negligence. Read a section, then write down its main points in your own words before checking the note again.
If you want to check what you remember, switch to a quiz on the unit page. A mind map can offer another way to organise a topic, while flashcards can help with recall. Choose a note and begin with the section that interests you.
Frequently asked questions
Which note is a useful starting point?
Intro to Tort notes is a useful starting point because it introduces torts and their remedies. If you are already revising a particular topic, Key Points: Tort covers duty of care and the Caparo test, while Tort: Damages focuses on compensation.
Are these notes free to use?
Yes. Every note listed here is free to open and study without an account. The notes were made by GoConqr users. A free account also lets you save quiz scores and make your own quizzes, mind maps, flashcards and notes.
Who are these notes for?
The collection is mainly suited to university students, with material that professional candidates may also use to review tort principles. Teachers can browse the notes for lesson material. The listed topics include negligence, duty of care, damages, nuisance and occupiers' liability.