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1 LAW OF TORT INTRODUCTION • Concerns a duty of care to others fixed by law and if breached damages are owed by the tortfeasor (the person who committed the tort) • Simple definition 'a wrong'. • 'a wrong which entitles the injured party to claim compensation from the wrongdoer.' AREAS COVERED • Defamation • Negligence • Trespass to goods/land/person • Nuisance • Rule in Rylands v Fletcher • Privacy • Liability to animals REQUIREMENT OF FAULT • What was the defendant's state of mind? This is necessary for torts where there is a requirement of fault • State of mind: • Intention • A deliberate act NATURE OF NEGLIGENCE • a careless action or deed • a particular tort • motive or malice is irrelevant WHEN MALICE IS RELEVANT • malicious prosecution or may be a defence under defamation if the defendant has acted maliciously • tort of nuisance • Hollywood Silver Fox Farm Ltd v Emmett (1936) Bradford Corporation v Pickles (1895) • Water flowed under the defendant's land. Pickles had wanted the corporation to purchase his land at a high price. The corporation refused so Pickles deliberately dug his land to stop water flowing into the reservoir adjoining his property. The corporation argued that Pickle’s action was unlawful as he had acted with malice. The House of Lords rejected this argument.
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2 TORTS OF STRICT LIABILITY • do not need an element of fault. • no need to prove state of mind. • Rylands v Fletcher Legislation • In main common law • Occupiers Liability Act 1957 • Occupiers Liability Act 1984 • Consumer Protection Act obligation through Directive on Liability for Defective Products (Directive 87/374). Covers persons injured by a defective product. • Human Rights Act 1998 TORT OF NEGLIGENCE "Tortious liability arises from the breach of a duty primarily fixed by law, this duty is towards persons generally & its breach is redressible by an action for unliquidated damages'. Winfield, Province of the Law of Tort (1931) TORT " . ..a tort consists in some act done by the defendant whereby he has without just cause or excuse caused some form of harm to the plaintiff.“ DUTY OF CARE • Not everyone who suffers due to the careless
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This note was uploaded on 11/24/2011 for the course SUR SUR104J1 taught by Professor Browne during the Fall '11 term at Uni. Ulster.

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