Loading presentation...

Present Remotely

Send the link below via email or IM


Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.


Make your likes visible on Facebook?

Connect your Facebook account to Prezi and let your likes appear on your timeline.
You can change this under Settings & Account at any time.

No, thanks

Elements of tort liability

No description

Carrie Bradshaw

on 12 January 2016

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of Elements of tort liability

Trespass to the person (including):
Consent (?), cf
Freeman v HO (No 2)
Self-defence -
Incapacity and necessity - Mental Capacity Act 2005,
F v W Berkshire HA
contributory negligence (
Co-operative Group Ltd v Pritchard
Obligations 1
Monday 16 November 2015

Elements of tort liability
Trespass to the person
Intentional interference with the person
Trespass to the person
- assault, battery and false imprisonment
Careless / Negligent
The defendant was careless or 'at fault', but conduct was 'unintentional'

Example torts:
Negligence (next week)
Conduct is faultless, but liability still imposed (no intention or carelessness of any sort required)

Example torts:
Trespass to land
Defamation and privacy
Rylands v Fletcher
, private nuisance (?)
actionable on proof of


Rylands v Fletcher
(think about the available defences)
Private nuisance (think about the requirement of foreseeability)
or the 'standard of liability'
or protected rights & interests
per se
Trespass to the person
Vindicating certain 'constitutional rights' (Weir)
Line drawing?
Can you commit 'intentional' torts 'negligently'? See
Letang v Cooper, Ashley v CC Sussex Police
A v Hoare.
Wilkinson v Downton
Elements (i) and (ii) (
OPO v Rhodes
See also
Wainwright v Home Office
Trespass to the person, e.g. battery
intention for direct physical contact (
Williams v Humphrey)
PHA 1997? ss 1(1), (2) and 7(2) -
Jones v Ruth
The action in
Wilkinson v Downton
- intentional infliction of harm
Protection from Harassment Ac
(PHA) 1997
- prohibits a course of conduct amounting to 'harassment'
Protection from Harassment Act 1997
Range of interests - right to privacy, intrusion, publications, the impact of 'human rights'
(See also e.g.
, unlawful means economic torts, deceit, public nuisance - we'll see some of these in Obs 2)

Wainwright v Home Office)
PHA 1997, ss 3 and 3A
Protection from Harassment Act 1997
, s 1(3)
preventing or detecting crime
pursued under an enactment or rule of law
conduct was 'reasonable in the circumstances'
See also
Hayes v Willoughby [2013] UKSC 17
(Term 2: defences and 'strict liability')
(See also e.g. trespass to land, private nuisance and conversion)
Some questions to think about...
Wilkinson v Downton
Note: more on this in Plenary 7
Term 2: query the strictness of so-called strict liability torts
Full transcript