0203law of tort additional

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  • 1. Law of Tort - Additional
  • 2. General tortious liability In many torts, the defendant is liable because he acted intentionally or at least negligently He may escape liability if he shows that he acted with reasonable care. That is essentially the position in the tort of negligence itself Pg 235
  • 3. Strict liability There are torts which result from breach of an absolute duty: the defendant is liable even though he took reasonable care Case: Rylands v Fletcher Pg 235
  • 4. Discuss Activity 4, page 236
  • 5. Trespass Trespass to Person Battery, assault, false imprisonment Land Unlawful interference with the possession of someones land Goods Destroying or stealing
  • 6. Trespass to land Interference No damage need to be proved, as the interference itself is enough to establish liability Wrong to possession rather than ownership The claimant need not to be the owner of the land Deliberately entry to the land Does not matter if the defendant did not know he was on the claimants land
  • 7. Trespass to land - forms Enter into land Remaining on the land for longer period than entitled Placing objects or rubbish on the land Abusing permission to be on the land Driving animals to land
  • 8. Rights to possession of land Rights to possession of land Subsoil beneath Airspace above Trespass in airspace is limited It is not trespass to fly an aircraft over the land at a reasonable height
  • 9. Justification of trespass Have a license to enter the land Right of entry conferred by the owner Public right of way E.g. Way to an enclosed area Statutory powers of entry E.g. Police Necessity E.g. Fire
  • 10. Remedies to an action for trespass Seek damage E.g. Compensation for physical damage Injunction E.g. Court order to stop or expel a trespasser
  • 11. Occupiers liability Business as occupiers Occupiers liability for damage or injury caused to people coming to their premises An occupier is any person who has control or possession of the premises
  • 12. Liability to visitors An occupier owes a duty to all visitors to the premises Must take such precautions as are necessary to make the premises reasonably safe
  • 13. E.g. Sales person A sales person who enters to do business with the occupier is deemed to have implied permission to entry Although he may be making a casual call to the premises There is no duty of care to the sales person who exceeds the limit of the permitted purpose E.g. Stray in the building unconnected to his visit. He becomes a trespasser
  • 14. Duty of occupier to visitors By taking reasonable measures E.g. Repair work, to eliminate a hazard E.g. Not liable for the unsafe state of lift due to negligence of the specialist firm employed to repair it, but, liable when a school cleaner leaves slippery ice on a step By giving warning Signage displayed Not a sufficient precaution in some cases
  • 15. Nuisance Public nuisance Annoyance of general public Private nuisance Interference with the claimants enjoyment of his property
  • 16. Defamation To protect the reputation of others A defamatory statement - it damage the reputation of the person defamed Lowers his standing in society Causes him to be shunned or avoided Makes imputations which are damaging to him in his profession, business or occupation Pg 245
  • 17. Forms of defamatory statement Libel In writing See case Yousoupoff v MGM Pictures Ltd 1934 Pg 245 Slander Spoken statement or gesture
  • 18. What is defamatory? For a statement to be defamatory, it must be both False and Capable of being construed in a defamatory way But, a statement may not be defamatory if The statement contains a wider meaning People with Special knowledge did so infer Special facts See Tolley v Fry 1931 Pg 248
  • 19. Health and safety issues Health and Safety At Work Act Health and Safety bodies Pg 251 255 General prevention Avoid risks Evaluate risks that cannot be avoided Combating risks at source Pg 256
  • 20. Review the various cases given and advise Fix- IT accordingly


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