Law of Tort - Additional

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

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

Discuss

• Activity 4, page 236

Trespass

• Trespass to– Person

• Battery, assault, false imprisonment

– Land• Unlawful interference with the possession of

someone’s land

– Goods• Destroying or stealing

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 claimant’s land

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

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

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

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

Occupiers’ liability

• Business as occupiers

– Occupiers’ liability for damage or injury caused topeople coming to their premises

– An occupier is any person who has control or possession of the premises

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

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

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

Nuisance

• Public nuisance– Annoyance of general public

• Private nuisance– Interference with the claimant’s enjoyment of his

property

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

Forms of defamatory statement

• Libel– In writing

– See case Yousoupoff v MGM Pictures Ltd 1934

Pg 245

• Slander– Spoken statement or gesture

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 factsSee Tolley v Fry 1931 Pg 248

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

• Review the various cases given and advise Fix-IT accordingly