28th September 2006
A fundamental part of private law.
When someone crashes into your car and you sue - that is regulated by tort law. If whilst
walking to UCL, scaffolding falls on you, your solution involves tort law.
-Same with fumes f
30th November 2006
There are also reasonably good policy reasons unconstrained amount of liability.
All we discussed about last week in omissions and the exceptions to this general rule of
thumb: the Caparo rule: these can all be se
Only if those two stages are satisfied do you have duty of care: fair just and reasonable
the courts will finally ask if there are any particular policy reasons relevant here?
When talking about the reluctance of courts to impose duty of care where omissi
11th January 2007
You also need some proximity of relationship close family bonds or bonds of love and
affection before you can recover more distant relationships will not necessarily give
rise to a duty of care with psychiatric harm.
The approach the courts frequently taking in determining whether there has been a
breach: first, they look at the cost of preventing, not doing the thing in question that led to
the accident then they look at the probability of the harm how likely is it t
Causation is a tricky area: we began explaining the idea of loss of chance: the loss of
25% chance that a quick hospital treatment could have saved an injury and discussed how
the common law is uncomfortable about lots of things: one thing is giving damag
Whether a duty of care exists?
Has the breach of duty been breached?
Is there causation?
Is there remoteness of damage?
-It will also involve possibly some analysis of defences.
Thus you need to be prepared to handle most of the core elements of negligenc
You will be held liable irrespective of your level of fault if the necessary conditions
for the tort of nuisance are satisfied. There are a number of defences you can mount.
Firstly, statutory authority is used often due to planning law. Secondly, prescri
It controls interference with another persons use of their property. Its not just any
interference, its interference thats unjustified, unlawful and unreasonable in the
circumstances. You need some form of damage to bring an action in nuisance bu
Torts of intentional interference with economic activity.
There are circumstances when tortious liability will be imposed:
Lumley v Gye, 1853
Case intentional induced breach of contract.
-For this tort to kick in, you need to have a contra
Tort law development is primarily driven by court decisions.
Consider what are of tort law should see the individual bearing the costs themselves?
Torts concerning the intentional infliction of harm
1. Intentional infliction of harm to the person
Last Seminar of Term 1
We finished examining the scope of the Hedley Burn exception. We can back to the issue
of what economic loss and began looking at defects specific reference to Anns:
The basic principle existing in this area reiterated by the Murphy