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0203law Of Tort Additional


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0203law Of Tort Additional

  1. 1. Law of Tort - Additional
  2. 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. 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. 4. Discuss • Activity 4, page 236
  5. 5. Trespass • Trespass to – Person • Battery, assault, false imprisonment – Land • Unlawful interference with the possession of someone’s land – Goods • Destroying or stealing
  6. 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 claimant’s land
  7. 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. 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. 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. 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. 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. 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. 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. 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. 15. Nuisance • Public nuisance – Annoyance of general public • Private nuisance – Interference with the claimant’s enjoyment of his property
  16. 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. 17. Forms of defamatory statement • Libel – In writing – See case Yousoupoff v MGM Pictures Ltd 1934 Pg 245 • Slander – Spoken statement or gesture
  18. 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. 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. 20. • Review the various cases given and advise Fix- IT accordingly