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Tort Law

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by

Vanessa Wilcox

on 31 March 2014

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Transcript of Tort Law

Tort Law: 2
Tort Law
General Introduction
writ system
categories of torts: person, property, negligence
prerequisites for negligence

Liebeck v McDonald's Restaurants

Aims of Tort Law
how are these determined?
what are the aims of tort?

Aims of Tort Law
Types of Damages
compensatory (pecuniary/non-pecuniary)
nominal
contemptuous
punitive or exemplary
aggravated
restitutionary or disgorgement

Aims of Tort
appeasement (pacify)
justice
deterrence
compensation
Negligence
Rylands v Fletcher
Defamation
Homework
read pgs 111-149 Street on Torts (13th edn 2012)
submit homework (see handouts) by 7 April
Broad Categories of Tort
Torts to the person (intentional torts)
Trespass to the person (ie assault, battery, false imprisonment); wrongs to the person not amounting to trespass (eg, intentional infliction of emotional distress, harassment); dignitary torts (misuse of private information, abuse of process, malicious prosecution, malicious civil proceedings, defamation (libel and slander))

Property torts
Trespass to land; nuisance (public and private);
Rylands v Fletcher
(strict); product liability (strict); wrongful interference with goods (trespass to goods, conversion, wrongful distress); economic torts (fraud, inducement of breach of contract, conspiracy, passing off, malicious falsehood, false representation, intimidation, unlawful interference with economic interests; IP torts (breach of copyright, patents, trademarks))

Negligence

Defamation
The
publication
of
statement
which injures the reputation of another.

C Must Prove
(1) that the statement was defamatory;
(2) that it referred to him; and
(3) that it was published, ie communicated, to a third party.

Main Defences
(1) truth (or justification);
(2) fair comment on a matter of public interest;
(3) that it was made on a privileged occasion; or
(4) Defamation Act 1996



What is Defamatory?
Statement must:
exposing C to hatred, contempt, or ridicule; or
cause others to shun and avoid him
tend to lower him in the esteem of right-thinking members of society

Distinction between Libel and Slander
Libel is actionable per se whereas damage had to be proved for slander, except in four instances, ie where there was an allegation that:
C committed an imprisonable offence;
C was suffering from a contagious disease, such as venereal disease, leprosy, plague and, arguably, HIV/AIDS;
a woman has committed adultery or otherwise behaved in an 'unchaste' fashion (Slander of Women Act 1891); or
C was unfit to carry on his trade, profession or calling.





Deterrence
Handout
Please get copy of handout from colleagues if you were not in class.
Rylands v Fletcher
Example of Strict Liability
D brings something onto his land;
purpose: non-natural use of the land;
things is likely to do mischief (foreseeability);
escapes;
causation; and
damage to C's land.

Punitive or Exemplary Damages
Common Law
England
USA

Continental Europe
France
Spain
Italy
Hungary
Germany
Scandinavia
Austria
EU

Arguments for PDs

Arguments against PDs
Full transcript