TORTS NOTES: INTENTIONAL TORTS
COMMON ELEMENTS TO INTENTIONAL TORTS
TRESPASS TO PERSON
2. TRESPASS TO PROPERTY
3. DEFENCES TO INTENTIONAL TORTS
Intentional trespasses are outside of the CLA: S3B CLA.
This means that their da
UTS: Law Assignment Cover Sheet For Online Submissionv1
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LOOK AT POWERPOINTS AND READINGS AND PRINT OUT AND PUT IN
RELEVANT SECTIONS OF THE CLA
AIMS OF TORT
Loss shifting and loss distribution
HIERARCHY OF LAWS Tort rights at CL can be overridd
Elements of Trespass
A positive, voluntary act!
1. Intentional deliberate act or (Australia - Williams v Milotin) a negligent act directly causing interference!
2. No trespass without fault: Holmes v. Mather;
Torts Seminar 1
TORTS SEMINAR ANSWERS
Dominic Villa Annotated Civil Liability Act Lawbook Co.
Stewart and Stuhmcke, Principles of Tort Law, 3rd ed
Blay, Torts in a Nutshell LBC 2010
Luntz Hambly et al Torts Cases and Commentary, 7th ed
Any action of P against the State will likely fail due on policy grounds. Courts take an
incremental approach. IMPORTANT TO STATE IN EXAM.
s18A of Limitation act 3 years to bring action
Week 1 Introduction
What is a tort?
Prof Fleming- A civil wrong or injury (other than breach of contract) which the
law will redress with damages
Tort law defies explanation by reference to any systematic index.
Difference between Torts and law of contrac
Commonwealth of Australia 2002
ISBN 0 642 74165 4
This work is copyright. Apart from any use as permitted under the Copyright
Act 1968, no part may be reproduced by any process without prior written
Autumn 2015; City
Credit points 8cp
70120c Legal Method and Research OR 70102 Foundations of Law OR C30022
These requisites may not apply to students in certain cours
The Wellmeadow caf in Paisley, Scotland (the low building on the right).
THE TORT OF NEGLIGENCE
WEEK 3 INTRODUCTION TO
NEGLIGENCE LAW REFORM IN
AUSTRALIA FROM 2002
MAIN REASONS for REFORM
Refer IPP REPORT, Review of the Law of
A note on Strong v Woolworths HCA 7 March 2012.
UTS Faculty of Law
The High court by majority of 4 (French CJ, Gummow, Crennan & bell JJ) to 1
(Heydon J dissenting) allowed the appeal of the plaintiff Mrs Kathryn Strong against
Self-Assessment Sheet for Class Participation in TORTS
Seminar Leader/Lecturer's name: .
Number of Classes missed:
TICK EACH ROW IN THE APPROPRIATE COLUMN (USE BLUE OR BLACK PEN)
(Seminar leader to complete)
(Worth 20% of f
TO R T S N OT ES : N EG L I G E N C E
CO N T E N T S
Duty of care
Established Duty Relationships
Incremental development based on Salient Features
Categories of Duty
Jurisdiction to Conduct Judicial Review
a. Definition: A Court must have power to interfere with a matter by recognizing it has
jurisdiction to conduct judicial review.
b. When can an applicant argue for judicial review ?
a. A Court must be sati