Three lectures on:
      Private Law:
           Tort Law:
Basic Concepts and Case Studies
Purposes of Tort Law

        Restitution
             or
   Redistributing losses
Means of Tort Law


   Compensation
e!
                    slid
             this
       opy
    t c
Do
  n’                Remedies

•Special damages        ...
Remedies

•Special damages      •Punitive damages
•General damages      •Exemplary damages
•Future damages
•Aggravated dam...
intentional torts
       vs.
   negligence
prosecution
intentional
   torts      intentional infliction of nervous
                             shock
               ...
Example of definition of a
             Tort
Battery = direct, intentional, offensive or harmful contact
Elements:
1.   Di...
Negligence

  Liability for not acting when
you should have done something
Negligence

  Liability for not acting when
you should have done something
Duty of Care

Ask: “Is   there    a duty of care?”
   ( Not: “What is the duty of care?” )
Test for Duty of Care
1. It is Reasonably Foreseeable that injury
   will result from the action or inaction.
    a) Proxi...
Standard of Care

Ask: “What is the standard of
          care?”
 ( Not: “Is there a standard of care?” )
Standard of Care

Generally,

    only a reasonable amount
     of care is expected.
Compensation in
                Negligence
•Physical injury
•Mental injury accompanying physical injury
•Mental injury alo...
Defences in Tort
These include,
•Consent
•Self−defence
•Necessity
•Truth (defence to defamation)

…and damages awarded are...
Responsibility in Tort
•Vicarious liability
•Subrogation
•Strict Liability
•Occupier’s Liability
Case Studies
Smith v. Stone (1647),
 82 E.R. 533 (K.B.).
    [intent and volition]
Gilbert v. Stone (1648),
 82 E.R. 539 (K.B.).
         [duress]
Wilkinson v. Downton,
 [1897] 2 Q.B. 57.
     [nervous shock]
Ngiam Kong Seng and
      Another
v. Lim Chiew Hock,
 [2008] SGCA 23.
[proximity in nervous shock]
Scott v. Shepherd,
[1558-1774] All E.R.
          296.
      [directness]
Miska v. Sivec, (1959)
       [provocation]
Bird v. Jones, (1845)
 Herd v. Weardale Steel,
         (1915)
Campbell v. SS Kresge Co.
         (1976)
     [false impri...
Palsgraff v. Long Island
        Railway,
    1928 NY CA.
[for negligence what needs to be
           foreseeable?]
Next class…

• Basic Criminal Law Concepts &
  Theory
   •Pp. 84−88 and 263−274

• Put the final exam in your calendar:
 D...
Upcoming SlideShare
Loading in …5
×

CML2117 Introduction To Law, 2008 - Lectures 19 to 21 - Basic Concepts and Case Studies In Tort Law

3,723 views

Published on

Basic Concepts In Tort Law

Published in: Education
1 Comment
6 Likes
Statistics
Notes
  • i want multiple choice question of basic economic
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
No Downloads
Views
Total views
3,723
On SlideShare
0
From Embeds
0
Number of Embeds
55
Actions
Shares
0
Downloads
235
Comments
1
Likes
6
Embeds 0
No embeds

No notes for slide

CML2117 Introduction To Law, 2008 - Lectures 19 to 21 - Basic Concepts and Case Studies In Tort Law

  1. 1. Three lectures on: Private Law: Tort Law: Basic Concepts and Case Studies
  2. 2. Purposes of Tort Law Restitution or Redistributing losses
  3. 3. Means of Tort Law Compensation
  4. 4. e! slid this opy t c Do n’ Remedies •Special damages •Exemplary damages •General damages •Aggravated damages •Future damages •Punitive damages
  5. 5. Remedies •Special damages •Punitive damages •General damages •Exemplary damages •Future damages •Aggravated damages
  6. 6. intentional torts vs. negligence
  7. 7. prosecution intentional torts intentional infliction of nervous shock defamation (libel and slander) trespass to land, trespass to chattels conversion of property private nuisance, public nuisance misrepresentation, fraud intentional interference with
  8. 8. Example of definition of a Tort Battery = direct, intentional, offensive or harmful contact Elements: 1. Directness – burden of proof on Plaintiff 2. Intent – burden on Defendant 3. Offensiveness/harm – burden on P – objective test 4. Contact – burden on P Defence: Defence: 1. Consent – who bears the burden of proof? See Scalera on fault (P) vs. rights (D)
  9. 9. Negligence Liability for not acting when you should have done something
  10. 10. Negligence Liability for not acting when you should have done something
  11. 11. Duty of Care Ask: “Is there a duty of care?” ( Not: “What is the duty of care?” )
  12. 12. Test for Duty of Care 1. It is Reasonably Foreseeable that injury will result from the action or inaction. a) Proximity b) Risk c) Seriousness 2. Consider public policy reasons to limit liability.
  13. 13. Standard of Care Ask: “What is the standard of care?” ( Not: “Is there a standard of care?” )
  14. 14. Standard of Care Generally, only a reasonable amount of care is expected.
  15. 15. Compensation in Negligence •Physical injury •Mental injury accompanying physical injury •Mental injury alone? •Pure economic damage …even if they have a “thin skull”
  16. 16. Defences in Tort These include, •Consent •Self−defence •Necessity •Truth (defence to defamation) …and damages awarded are adjusted for •Contributory negligence
  17. 17. Responsibility in Tort •Vicarious liability •Subrogation •Strict Liability •Occupier’s Liability
  18. 18. Case Studies
  19. 19. Smith v. Stone (1647), 82 E.R. 533 (K.B.). [intent and volition]
  20. 20. Gilbert v. Stone (1648), 82 E.R. 539 (K.B.). [duress]
  21. 21. Wilkinson v. Downton, [1897] 2 Q.B. 57. [nervous shock]
  22. 22. Ngiam Kong Seng and Another v. Lim Chiew Hock, [2008] SGCA 23. [proximity in nervous shock]
  23. 23. Scott v. Shepherd, [1558-1774] All E.R. 296. [directness]
  24. 24. Miska v. Sivec, (1959) [provocation]
  25. 25. Bird v. Jones, (1845) Herd v. Weardale Steel, (1915) Campbell v. SS Kresge Co. (1976) [false imprisonment]
  26. 26. Palsgraff v. Long Island Railway, 1928 NY CA. [for negligence what needs to be foreseeable?]
  27. 27. Next class… • Basic Criminal Law Concepts & Theory •Pp. 84−88 and 263−274 • Put the final exam in your calendar: Dec 18, 2pm−5pm, in Colonel By Hall, rm B012

×