LEGT 1710_Wk 6_Lecture_Slides

LEGT 1710_Wk 6_Lecture_Slides - ASSIGNMENT 2 BUSINESS AND...

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1 BUSINESS AND THE LAW WEEK 6 Introduction to Tort Law LEGT 1710: Session 2, 2010 Lecturer: Leela Cejnar 2 ASSIGNMENT 2 • Assignment 2 is on Blackboard, together with Guidelines and some reading materials • Due beginning of week 9: Monday 20 September, 5pm • Check course outline (page 7) for details about how/where to hand in 3 ASSIGNMENT 2 • Sample Answer on Blackboard • NB: it contains different facts and different issues from Assignment 2 DO NOT COPY THE SAMPLE ANSWER! • Use as a GUIDE ONLY , to help with how you present your answer Use of headings in your answer is optional 4 MID-SESSION BREAK • Between lecture weeks 7 and 8 • NO CLASSES from Monday 6 to Friday 10 Sept, 2010 • Week 8 starts on Monday 13 Sept, 2010 5 Overview On completion of this week in you should be able to: ü Explain what is a “tort”. ü Understand the nature of torts compared with criminal or contract liability. ü Explain the different types of torts and the different methods of categorising torts. ü Explain the reasons behind the introduction of the Civil Liability Act 2002 (NSW). ü Identify the key sections of the Civil Liability Act 2002 (NSW). ü Identify the main defences to torts. 6 What is a Tort? • “Tort” = French for “wrong” • In legal terms, a tort is a civil wrong • Wrongdoer = the tortfeasor
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Where do you find Tort Law? • Used to be almost exclusively part of the ‘judge made’ law – had to look at principles derived from the cases • Now much of the ‘judge made’ law is covered by the Civil Liability Acts • In this unit, we only look at the Civil Liability Act 2002 (NSW) 8 What is Tort Law about? The law of torts concerns the obligations of persons to respect the: safety, property, reputation and business and economic interests of their neighbours • as a matter of cause and effect and • as a duty to compensate for wrongfully caused harm after the fact 9 The purpose of Tort Law • Enforces the DUTY OF CARE between people • Protects the rights of every individual • These rights are given by both case law and statute (the Civil Liability Acts ) 10 Tort Law versus Contract Law • Compare with law of contract: right to have promises of other party enforced by the law where two (or more) parties have entered into a contract 11 Tort Law versus Criminal Law • Criminal law and tort law may overlap • Criminal proceedings are brought in the name of the government (the prosecution) • Tort proceedings brought by the injured person as a private citizen. • Law of tort goes further than criminal law: deals with negligence/defamation (standards of behaviour) • Criminal law deals with interference to personal or property interests (assault, battery, theft) • Examples of torts: see Latimer at pp 215-216 12 Types of Torts Goods – Detinue – Conversion – Trespass Person – Assault – Battery – Deceit – Conspiracy – Passing Off – Wrongful Imprisonment – Interference with Contract
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LEGT 1710_Wk 6_Lecture_Slides - ASSIGNMENT 2 BUSINESS AND...

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