To be alive at all involves some risk' Harold Macmillan

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To be alive at all involves some risk.Harold
Macmillan
Tort law
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What is a tort?
A tort is a civil wrong (other than a breach of
contract) aimed at protecting individuals against
infringements of their own personal rights These
infringements may be against anothers property,
reputation or person The law of torts provides
rules of conduct that regulate how members of
society interact, and affords remedies (usually
monetary) if the rules are breached and damage is
suffered, e.g. someone is injured by the act or
omission of another
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Types of torts

• Unintentional
• Tort of negligence
• Conduct causing damage to another in breach of
  the defendants duty of care to the other
• Intentional
• Trespass to land
• Direct interference with land in possession of
  another without lawful excuse

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Types of torts
Trespass to the person Battery the application
of direct force to another Assault the threat
of direct force to another False imprisonment
deprivation of anothers liberty without lawful
cause or excuse Trespass to goods Conversion
Wrongfully dealing with the property of another
(eg, title deeds and cheques) Detinue
Wrongfully detaining the property of
another Trespass to chattels Direct physical
interference with personal property in the
possession of another without lawful excuse
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Types of torts
Nuisance Interference with anothers use or
enjoyment of land this may result from, eg, gas,
fumes, water, smoke, obstruction, noise Passing
off Misrepresenting business associations
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Types of torts

• Defamation
• Words spoken or written or conduct disparaging
  the reputation of another
• Injurious falsehood
• Words spoken or written or conduct intentionally
  disparaging anothers goods or business
  reputation
• Deceit
• Fraudulent untruth

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Defences to intentional torts

• Consent
• A plaintiff who consents to a tort loses the
  right to sue
• The consent must be genuine and informed
• Defence of self, of others, or of property
• The defendants actions must be reasonable and
  proportionate to the risk
• CASE Hackshaw v Shaw (1984)

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Defences to intentional torts

• Unavoidable accident
• Unavoidable accident is a good defence but
  mistake is not a good defence
• Necessity
• Statutory authority

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Torts and contracts
Contractual obligations are determined by the
terms of the contract. Obligations under tort
law are fixed by the law irrespective of any
contract. The same act may be both a tort and a
breach of contract. CASE Bryan v Maloney (1995)
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Torts and crimes
In tort law, the action is commenced by the
victim and the objective is compensation. In
criminal law, the action is commenced by the
Crown and the objective is deterrence and
punishment. The same act may be both a tort and
a crime (e.g. negligent driving causing injury to
another).