Tort

Civil wrong for which compensation is available to

wronged person in civil courts Duty of care to other road users Occupier of the property

Cases of tort
Negligence
Trespass Nuisance

defamation

 Strict liability
normally element of culpability required. But in this

case its not required

Vicarious liability: Person held liable committed by another Imp in business enviroment

Tort v Contract
Parties voluntary agree to be bound

Tort v criminal law

Compensation v punishments

Both can exist at the same time

Reckless driving and hits some one

Tort of negligence
Defendant owned the claimant a duty of care
Defendant breached the duty of care Reasonable foreseeable damage caused by the breach

of duty

1. Duty of care
1932: neighbor principle Decomposed snail
you must take reasonable care to avoid acts or omission

which u can reasonably foresee would be likely to injure your neighbor . Who then is my neighbor? 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 in question

Limitation: 1980s THREE STAGE TEST

 Case: auditors and purchase of share

THREE STAGE TEST

Loss caused reasonably foreseeable
Sufficient relationship of proximity between the

claimant and the defendant for a duty imposed In just, fair and reasonable that law should impose a duty on the defendant

 case : youth custody center

2. Sufficient relationship of proximity between the claimant and the defendant for a duty imposed
Legal proximity Personal relationship Length of time btw events Goods not tempered with

 Wind shield shatters --- after a year

 doctor v football club

--- no proximity Not just and fair

Not just and fair

mother--- serial killer --- police man
Three drunken men commit burglary Twin deck tape--- capable of copying

Failing to act
No laibility for pure omission
Some one drowning: if one does not act --- no legal

responsibility

What f he is a life guard? Parents?

Pure economic loss

Party suffers economic loss without physical damage to his

own property
E.g. cattle auction case No damages awarded case: steel factory--- electricity cable cut Damaged for deformed melts but not the one that would

have been casted if electricity continued (pure eco loss)

Negligent statement results in physical injury

Architect: its safe to leave this wall ..

 Defective structures :

Case: council sued--- weak foundations

Action failed Pure Eco Loss No damage to building or human

Exceptions
EXISTANCE OF CLOSE PROXIMITY- PARTY

COMTEMPLATES OTHER PARTY CLOSELY AND DIRECTLY AFFECTED BY HIS ACTIONS

Solicitor--- beneficiary under the will Case: spouse witnessed the will Foreseeable victim duty of care exists