TORT LAW IN THE UK
A tort is a wrongful act, that results in injury to another party’s person, property, dignity or reputation.
Definition
Torts are caused more or less deliberately by the defendant.
Intentional torts
(Battery, assault, trespass, false imprisonment, conversion)
The damage is not caused deliberately but the defendant was careless. (Slip and fall accidents, car and pedestrian accidents, medical malpractice)
Negligence
(Defective products, animal attacks, very dangerous activities)
2010
Strict liability
The harm is caused by accident even if the defendant was careful. The consequences of the defendant's activity are assigned to the defendant.
TORT LAW IN THE UK
SITUATION : THE CLAIMANT SUFFERED DAMAGE FROM THE DEFENDANT
DUTY OF CARE : Did the defendant owned the claimant a duty of care ?
END OF THE PROBLEM--- THE DEFENDANT IS NOT LIABLE
BREACH OF DUTY : Did the claimant proved the defendant was at fault ?
CONSEQUENTIAL DAMAGE : If the defendant had not made a mistake, would the claimant still have suffered damage ?
COMPENSATION --- THE DEFENDANT IS LIABLE
TORT LAW IN THE UK
Donoghue VS Stevenson
Turning point in developing the concept of duty of care, instituted the concept of negligence. The court embraced the idea of a general duty to “take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour”.
Cork v Kirby Maclean
This case illustrates the tort of negligence. The issue was how causation is established in the tort of negligence. The Court of Appeal held the defendant liable. If appropriate railings been installed, the claimant would not have not fallen off the platform while having the epilectic seizure. The defendant’s breach therefore caused the accident.
Héloïse Blanpain & Justine Defosse
Tort law
Justine Defosse
Created on November 11, 2020
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Transcript
TORT LAW IN THE UK
A tort is a wrongful act, that results in injury to another party’s person, property, dignity or reputation.
Definition
Torts are caused more or less deliberately by the defendant.
Intentional torts
(Battery, assault, trespass, false imprisonment, conversion)
The damage is not caused deliberately but the defendant was careless. (Slip and fall accidents, car and pedestrian accidents, medical malpractice)
Negligence
(Defective products, animal attacks, very dangerous activities)
2010
Strict liability
The harm is caused by accident even if the defendant was careful. The consequences of the defendant's activity are assigned to the defendant.
TORT LAW IN THE UK
SITUATION : THE CLAIMANT SUFFERED DAMAGE FROM THE DEFENDANT
DUTY OF CARE : Did the defendant owned the claimant a duty of care ?
END OF THE PROBLEM--- THE DEFENDANT IS NOT LIABLE
BREACH OF DUTY : Did the claimant proved the defendant was at fault ?
CONSEQUENTIAL DAMAGE : If the defendant had not made a mistake, would the claimant still have suffered damage ?
COMPENSATION --- THE DEFENDANT IS LIABLE
TORT LAW IN THE UK
Donoghue VS Stevenson
Turning point in developing the concept of duty of care, instituted the concept of negligence. The court embraced the idea of a general duty to “take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour”.
Cork v Kirby Maclean
This case illustrates the tort of negligence. The issue was how causation is established in the tort of negligence. The Court of Appeal held the defendant liable. If appropriate railings been installed, the claimant would not have not fallen off the platform while having the epilectic seizure. The defendant’s breach therefore caused the accident.
Héloïse Blanpain & Justine Defosse