This document provides an overview of the law of tort, specifically the tort of negligence. It defines a tort, distinguishes torts from crimes, and outlines the key types of torts. It then focuses on negligence, explaining the four elements that must be proven (duty of care, breach, causation, damages). It discusses cases that have helped develop these elements and concepts like foreseeability, proximity, standard of care, remoteness, and contributory negligence. The purpose is for students to understand tort law principles and be able to apply them to factual scenarios and case law in seminars and exams.
An Introduction to Law of Torts: Meaning, Nature and Essential elementsamlanika bora
This PPT provides Meaning, definitions and Essential Elements of Torts. It includes relevant case laws as well. It also highlights nature of Torts by bringing differences between torts and other civil wrongs.
A tort is a civil wrong
That (wrong) is based a breach of a duty imposed by law
Which (breach) gives rise to a (personal) civil right of action for for a remedy not exclusive to another area of law.
Any civil wrong is subject matter of Law of torts. Principles of law of torts have been discussed in this presentation for the students in simple ways.
An Introduction to Law of Torts: Meaning, Nature and Essential elementsamlanika bora
This PPT provides Meaning, definitions and Essential Elements of Torts. It includes relevant case laws as well. It also highlights nature of Torts by bringing differences between torts and other civil wrongs.
A tort is a civil wrong
That (wrong) is based a breach of a duty imposed by law
Which (breach) gives rise to a (personal) civil right of action for for a remedy not exclusive to another area of law.
Any civil wrong is subject matter of Law of torts. Principles of law of torts have been discussed in this presentation for the students in simple ways.
Law of negligence is one of the most important branch of tort law, deals with the various aspects of negligence between the professional's and the layman.
This Presentation details the specifics of public and private nuisance and give scenarios of each so that readers can fully understand the concepts applicable to business law.
Law of negligence is one of the most important branch of tort law, deals with the various aspects of negligence between the professional's and the layman.
This Presentation details the specifics of public and private nuisance and give scenarios of each so that readers can fully understand the concepts applicable to business law.
In Tort law, there are two important laws that prevail in United Kingdom, that is, law of contract and law of tort. The same are law of contract (a contract deals with when parties are in relationship by forming an agreement and abide by its terms) and the law of negligence (where the parties are in relationship under the duty of law).
Presentation on Negligence
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
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The HeartObjectives· Identify the anatomical structures of the.docxrtodd33
The Heart
Objectives
· Identify the anatomical structures of the cardiovascular system
· Explain how blood flows through the heart, lungs, and body
· Describe the electrical conduction system of the heart
· Explain the cardiac cycle, including how the cardiovascular system contributes to the homeostasis of the body
Assignment Overview
This practice exercise allows students to review the structure and function of the heart.
Deliverables
An annotated resource list of learning tools from the Internet
Step 1 Access and review the online activity:
https://www.youtube.com/watch?v=5tUWOF6wEnk#action=share
Step 2 Access and review the online activity:
https://www.youtube.com/watch?v=H04d3rJCLCE#action=share
Step 3 Access and review the online activity:
https://www.youtube.com/watch?v=fZT9vlbL2uA&feature=youtu.be
Step 4 Using the Internet, search for additional learning aids from reputable sources.
Using the Internet, search for additional learning aids from reputable sources. These can be animations, videos, diagrams, or any other type of resource that you find useful in your studies. Find at least one resource for each of the following topics:
· Heart anatomy
· The electrical conduction system of the heart
· Blood flow through the heart
· Blood flow through the body
· The cardiac cycle
Step 5 Write a brief summary of each topic.
For each topic listed in Step 4, write a brief summary paragraph that explains the major highlights of the topic and briefly explains why you think the resource you have found will help in learning the material. Cite the resource appropriately.
Step 6 Submit your answers.
When you have completed the assignment, save a copy for yourself in an easily accessible place and submit a copy to your instructor using the
ACC 150
THE LEGAL ENVIRONMENT OF BUSINESS
With Doreen Smith, Esquire
Chapter 8
GENERAL PRINCIPLESWhat is a Tort?
Civil wrong that interferes with one’s property or person. A common tort is a negligence action which often impact a business (such as a slip and fall action or car accident).Torts distinguished from crimes/contracts
Crime arises from violation of public duty, whereas tort arises from violation of private duty. Same act can be both a crime and a tort.
A breach of contract action is not a tort.
CIVIL VS. CRIMINAL CASECriminalBurden of Proof—beyond a reasonable doubtCase brought by governmentGuilty person would pay a fine, serve time in prison or receive the death penalty CivilBurden of Proof—By the preponderance of the evidenceCase brought by a private partyA Defendant may pay damages for what they did wrong.
GENERAL PRINCIPLES
Types of Torts:Intentional (see below for specific torts)Civil wrong that results from intentional conduct. This a a category of torts that includes assault, battery and defamation.Negligence Civil wrong that results from careless conductStrict LiabilityCivil wrong for which there is absolute liability because the activity is inherently dangerous
INTENTIONAL T.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
3. Learning Outcomes:
• Understand what is meant by a tort and distinguish between a tort and
crime;
• Be able to outline the different types of torts and the expected standard
of behaviour set out under each one;
• Explain the tort of negligence and the four key elements of the tort of
negligence;
• Distinguish between the different types of damages and specifically pure
economic loss and consequential economic loss;
• Apply legal principles to given facts and demonstrate criticality & analysis
when answering fact based questions; and
• Analyse case law and be able to apply case law in a persuasive manner to
hypothetical case studies.
4. What is the Law of Tort?
• The law of tort is a branch of the private (civil) law
• A tort is a “civil wrong”, which unlike a crime which is a wrong committed
against the state, is a wrong committed against an individual
• Liability in tort comes from either a breach of a duty owed by members of
society towards each other ( for example, all road users owe other road
users a duty of care) or the infringement of a right of another person (for
example, everyone has the right to privacy and therefore, a newspaper may
be liable if it publishes something of a sensitive/private nature.)
• The law of tort therefore, protects the rights & freedoms of individuals, their
property and reputation
• The rights and duties of individuals have been developed by the courts
through case law ( for example, duty of care has been developed following
the case of Donoghue v Stevenson (1932)). However, there are also Acts of
Parliament which also set out rights and duties ( for example, the Occupiers’
Liability Act (1957))
5. Key differences between crimes and torts
Crimes Torts
A wrong against the state A wrong against an individual
Case will usually be started by the state Case will be started by the individual affected
(the claimant)
Defendant will be prosecuted in the criminal
courts
The defendant faces “criminal charges”
Defendant will be sued in the civil courts
A civil action will be brought against the
defendant
If guilty the defendant will be
prosecuted/punished
If liable the defendant will have to pay
damages/compensation to the claimant
Main purpose of the criminal law is to maintain
law & order and to protect the public
The main purpose of the law of torts is to
provide the individual who has a suffered from
an infringement of a right/duty, with a remedy
to enforce their rights
Branch of the public law (criminal law) Branch of the private (civil) law
Law of torts largely developed through
common law/case law
Standard of proof- “beyond reasonable doubt”
Burden of proof- rests with the prosecution
Standard of proof- “balance of probabilities”
Burden of proof-rests on the claimant
6. Types of Torts
• There are different types of torts recognised by the English law
and each tort sets out a certain expected standard of behaviour
• We will be looking at the following torts on the course:
The Tort of Negligence
The Tort of Defamation
The Tort of Trespass (both against the person and property)
The Tort of Nuisance
7. Fault Based Liability
• Tortious liability requires the defendant to be at fault in some way.
However, this does not necessarily have to be intentional
• What does fault mean?
• The definition of fault is wide but generally it means an act (or
omission) committed by the defendant which causes the defendant
damages
• Therefore, the law of torts serves two main purposes…….
1.Compensation: the law of torts ensures that those who are
injured/suffer damages, receive compensation
2.Deterrence: the threat of compensation (like the threat of
punishment in the criminal law) encourages individuals to behave
more responsibly
9. What is negligence?
• Dictionary Definition: “lack of proper care and attention”
• Legal Definition: “ the breach of a legal duty of care, which results in
damage to the claimant undesired by the defendant”
• Both definitions provide that negligence involves the claimant
receiving a sub standard level of care
10. The 4 elements of the tort of negligence:
• The following four elements must be established to prove negligence:
1. The claimant suffered a type of damage recognised by the law of tort
2. The defendant owed the claimant a duty of care
3. The defendant breached the duty of care; and
4. The breach caused the claimant reasonably foreseeable damage
NB: the burden of proof will always be on the claimant!
12. Physical Damage
• There are two types of physical damages:
• Injury to the claimant (mental and physical); and
• Damage to the claimant’s property
• Example: Tom crashes into Jerry’s car, as a result of which Jerry
suffers from whiplash (back pain) and his car is also severely damaged
13. Consequential Economic Loss (CEL)
• When the claimant suffers financial loss as a result of physical
damage, this is known as consequential economic loss
• Example: If Jerry, who from the earlier example suffers a whip lash, is
unable to go to work and therefore, looses income and furthermore,
occurs medical costs. Provided that he can establish that the damage
was caused by Tom’s negligence, he could recover his consequential
economic losses
14. Pure Economic Loss (PEL)
• Pure economic loss occurs where the defendant’s negligence causes nothing
else but financial loss
• Example (1): Jerry purchases a radio from Tom. When Jerry returns home
and tries his new radio, he discovers it is not working. Jerry cannot claim
damages from Tom because the only damage Jerry has suffered is financial
loss: the money wasted on the radio. Although Jerry cannot claim
compensation under the law of torts, he can however, claim under the law of
contract.
• Example (2): Tom negligently cuts the cable that provides electricity to
Jerry’s Pizzeria. Without any electricity, Jerry is unable to make or sell any
pizza. Jerry cannot claim damages from Tom because the only damage Jerry
has suffered is financial loss: the profit that could have been made by selling
pizzas.
• As a general rule, the law of torts DOE NOT recognise PEL
• However, there are certain situations whereby the claimant can receive
compensation for PEL (Hedley Bryne v Heller (1963))
15. Duty of care
• The claimant must prove that the defendant owed him a duty of care
• How is duty of care established?
• DUTY OF CARE: Donoghue v Stevenson (1932)
16. Donoghue v Stevenson (1932)
• Lord Atkins:
“ you must take reasonable care to avoid acts or omissions which you
can reasonably foresee would be likely to injure your neighbour. Who,
then, in law is my neighbour? The answer seems to be-persons who
are so closely and directly affected by my act that I ought reasonably
to have them in contemplation as being so affected when I am
directing my mind to the acts or omissions which are in question”
• Therefore, a duty of care is owed to our “neighbour”- the person who
is most closely and directly affected by our actions
• This is known as the “neighbourhood principle”
17. Caparo Industries Plc v Dickman (1990)
• This is the current test for establishing duty of care and this test is
much wider than the neighbourhood test
• When a judge is presented with a case involving the tort of
negligence, the following approach will be adopted. Firstly, the judge
will consider the material facts of the case and consider precedents
(remember the doctrine of precedent?) to see if a duty of care has
already been established relevant to the claimant’s situation
• If the judge is unsuccessful, he will only impose a new duty of care if
the following three stage test is satisfied:
18. Caparo Industries Plc v Dickman (1990)
1. Was the damage suffered by the claimant a reasonably foreseeable
consequence of the defendant’s actions?
The damage must be foreseeable, if damage is not foreseeable then
there is no duty of care
Bourhill v Young (1943)
Langley v Dray (1998)
2. Was there a relationship of proximity/neighbourhood between the
claimant and the defendant?
Proximity doesn’t mean being physically close or being related but
instead refers to the defendant having an amount of control over and
responsibility for the dangerous situation created
3. Is it fair, just and reasonable for the law to impose a new duty of care
in the situation?
McFarlane v Tayside Health Board (1999)
19. Breach of Duty of Care
• The claimant must establish that the defendant breached the duty of
care owed to the claimant
• A defendant breaches a duty of care when s/he falls below the
standard of care that was expected from the defendant
• The standard of care therefore, is the level of care which a reasonable
or prudent person would exercise…………this is known as the
“reasonable man test”
• Therefore, in cases where the defendant is an expert, for example, a
doctor or dentist, than the standard of care is the level of care to be
expected from such an expert (the “reasonable doctor” or the
“reasonable dentist”.)
• Nettleship v Weston (1971)
20. Risk not known:
• If the risk is not known to anyone at the time of the injury, the
defendant cannot be held to have breached his duty of care.
• Roe v Minister of Health (1954)
22. Causation
• The fourth and final element of the tort of negligence requires the
claimant to prove that the defendant’s breach caused the claimant’s
damage
• The test for causation is the “but for test”
• In other words, but for the defendant’s negligent act, would the
claimant have suffered damage?
• Barnett v Chelsea & Kensington Hospital Management Committee
(1968)
23. Causation-Remoteness
• There has to be a causal link between the defendant’s negligent act
and the damage/s suffered by the claimant
• This is known as the concept of remoteness
• The Wagon Mound (1961)
• Smith v Leech Brain & Co (1962)
24. Res ipsa loquitur
•The general rule is that the claimant must prove all the three elements
of negligence. That is, duty of care, breach of duty and causation.
However, sometimes the facts are enough to prove the defendant
negligent
•This rule of evidence is called res ipsa loquitur- “The facts speak for
themselves”
•The claimant has to show that the defendant was in control of the
situation, which caused the claimant injury and the injury was more
likely than not to have been caused by negligence
•Scott v London & St Katherine Docks (1865)
25. Contributory Negligence
• Contributory negligence means that the claimant contributed or was
partly to blame, for the damages suffered, as a result of some act or
omission on their part
• Froom v Butcher (1976)
• Law Reform (Contributory Negligence) Act 1945: The claimant can
still make a claim against the defendant but the amount of damages
he receives will be “apportioned” (reduced) by the amount the
claimant was to blame
26. Preps. For Seminar 10
• Hand-out:
• Reading List
• Jacqueline Martin, “GCSE Law”, 5th
Edition, Chapter
17- Law of Tort: Introduction & pages 130-137 of
Chapter 18-Law of Tort: Negligence
• List of cases
• Preparatory Questions