1 Torts are civil wrongs are actioned usually
by a claim for compensation. sometimes
can be successful even when criminal
1.1.1 seek successful have to
show: duty of care, Duty
1.1.2 Donoghue v Stevenson (1932)
snail in bottle bought by
friend, made ill. sued
proximity scope of negligence
claim increased. 'neighbour
1.1.3 Reasonable man
126.96.36.199 Glasgow corpn v taylor
(1922) owned botanic
gardens child ate
poisonous berry, no
warning child died not
fenced off. GC liable.
1.1.4 Egg shell skull principle:
taken as found claims
may increase as result.
188.8.131.52 Paris v Stephney Borough Council
(1951) only sight one eye employed
not offered safety goggles splinter of
metal blinded him breach of duty
should've provided serious harm
more than other workers.
1.1.5 Practicality and cost:take
184.108.40.206 Latimer v AEC Ltd (1953) def slipped
factory floor, flood put up warning and
sawdust. def said shouldve closed
factory. no breach no duty to close
only had to take reasonable
precautions lower risk.
1.1.6 Res IPSA Loquitur:
accident is sufficient
220.127.116.11 Mahon v Osborne (1939) patient
dies shortly after surgery. post
mortem fund swab in body
1.1.7 Damages- remoteness: only claimed if
18.104.22.168 Te wagon Mound (1961) vessel leaked oil
lead to cotton igniting. fire spread
damage to some boats. test of
remoteness = foreseeable therefore
1.1.8 Defence to Negligence: contributory
Negligence: reduce damages claimed.
22.214.171.124 Sayers v Harlow UBC (1958) woman locked in
toilet tried to escape fell off toilet roll holder,
injured herself. contributory negligence as
woman tried to free herself.
126.96.36.199.1 Nettleship v weston (1971) Learner
driver taught by friend, drive into
pole, friend fractured knee.
voluntarily accept risk, damages 50%
1.2 Trespass physical
contact that occurs
1.2.1 Collins v Wilcock (1984) police
on duty. seen known prozzy
and another woman.
follwoed her refused to talk.
took hold woman, swore and
scratched. held: pw no more
right than anyone, physical
contact beyond lawful.
1.3 Defamation: only requires apprehension of violence.
1.3.1 Janvier v Sweeney (1919) false words/threats calc cause
physical injury. 2 detectives inspect letters believed
maid access, persuade using false statements maid fell
ill with nervous shock.
1.4 Nuisance: Private and public.
1.4.1 Sedleigh- Denfield v O'callaghan
(1940) council work on def land grate
placed wrong. prone blockages
cleaned periodically. heavy rain
storm flooded. def liable continue
188.8.131.52 Tate&lyle v Greater London Council
(1983) sugar refinery river thames
larger vessel after a time unable to get
through shallow waters. further
dredging cost 540,000. nuiscace
recover cost. denied at private as no
rights to certain depth. succeeded
public affected public navigation
2 Defence: consent
2.1 R v Billinghurst (1978) during
rugby b punched R fractured
jaw. GBH consent? conseted
to risk of game prove outisde
normal expectation. Held:
limits to violence not deemed