torts flow chart
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This document outlines various torts and categories of torts. It lists intentional torts such as assault, battery, false imprisonment, and privacy violations. It also lists torts of strict liability such as Rylands v. Fletcher. Additionally, it outlines negligence torts and economic torts such as deceptive practices, passing off, injurious falsehoods, and interference with contracts or prospective economic advantage. The document categorizes torts by the type of harm caused, whether to a person, chattels, or real property, and the required state of mind such as intent, negligence, or strict liability.
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Tracing 1_
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Torts remoteness
Torts remotenessFAROUQ The document summarizes four key cases related to negligence and foreseeability of damages:
1) Re Polemis - A shipowner sued a charterer after benzene leaked on board and was ignited by a spark, causing an explosion. The court held the charterer liable as the explosion was a direct consequence of their servant's negligence.
2) The Wagon Mound (No: 1) - Oil leaked from a ship and later ignited, destroying a nearby wharf. However, the court found the defendants not liable as the risk of fire could not have been foreseen.
3) Hughes v Lord Advocate - A man was injured after a lamp dropped into an unguarded manhole
Torts duty of_care
Torts duty of_careFAROUQ This document discusses the legal elements and principles of duty of care in negligence cases. It outlines proximity, foreseeability of harm, and a reasonable duty as key elements in determining whether a duty is owed from one party to another. Several court cases are referenced that helped establish precedents around duty of care, including Donoghue v Stevenson, Rondel v Worsley, and Governor of the Peabody Donation Fund Ltd. V Sir Lindsay. Islamic points of view and other general notes on duty of care are also mentioned.
Torts defamation iii
Torts defamation iiiFAROUQ This document outlines several common defences that can be used in defamation cases, including justification (if the defamatory statement was proven to be true), fair comment (if the statement was an opinion on a matter of public interest and was not made with malice), privilege (if the statement was made in certain legal contexts like in Parliament), apology (if the defendant apologizes, it can mitigate damages), and paying into court (if the defendant pays money into court as compensation, it can reduce costs if the plaintiff accepts the payment).
Torts defamation ii
Torts defamation iiFAROUQ To establish a claim for defamation, three elements must be met:
1. The words must be defamatory in that they lower the plaintiff's reputation.
2. The words must refer to the plaintiff, either by explicitly naming them or implicitly through context clues.
3. The defamatory words must be published, meaning communicated to at least one other person besides the plaintiff. Unintentional defamation can still result in liability, but mitigating factors like correcting the record may reduce damages owed.
Torts defamation i
Torts defamation iFAROUQ Defamation is defined as the publication of a statement that lowers a person's reputation in the eyes of others. There are two types: libel, which is a defamatory statement published in permanent form like writing or images; and slander, which is a defamatory oral statement. For a statement to be considered defamatory, the words must tend to make ordinary people avoid or shun the person. Some types of slander, like words imputing unchastity or damaging someone's professional reputation, are considered defamatory per se and do not require proving special damages. Defamation can also occur through innuendo, where words are not explicitly defamatory but take on a def
Torts damages
Torts damagesFAROUQ This document outlines different types of damages that may be awarded in legal cases. It discusses nominal damages, which are awarded when a plaintiff's rights have been violated but no actual damages occurred. It also discusses exemplary/punitive damages, which aim to punish defendants and deter future wrongdoing, such as in cases of oppressive government actions or where a defendant's conduct was intended to make a profit exceeding compensation. The document also mentions aggravated damages, where a court may increase damages due to a defendant's motive or conduct exacerbating a plaintiff's injury and violation of dignity.
Torts damage to_property
Torts damage to_propertyFAROUQ This document discusses principles of compensation for damage to property under tort law. It addresses situations of total destruction of property, partial/normal damage to property, cost of repair, loss of use, and duty to mitigate damages. For total destruction, the plaintiff can claim the market value at time of destruction. For partial damage, compensation includes repair costs even if the property value increases after. The cost of repair cannot exceed the total value of the property. The plaintiff may also claim loss of use and business profits if the property was used for business purposes. The plaintiff has a duty to mitigate damages by taking reasonable steps to avoid further loss.
Torts contributARY negligence
Torts contributARY negligenceFAROUQ P can be found contributorily negligent if their actions were reasonably foreseeable to cause harm and they failed to act as a reasonable person. The elements of contributory negligence are foreseeability of harm and causation between the plaintiff's actions and their damages. Some examples of contributory negligence include riding in an unsafe position on construction equipment, failing to follow safety instructions, not wearing a required helmet, boarding a moving bus, or getting into a car with a drunk driver. Minors may also be contributorily negligent depending on their age and maturity. When determining damages, the court will apportion liability based on the relative fault of the plaintiff and defendants.
Torts causation of_facts
Torts causation of_factsFAROUQ The document discusses causation in negligence cases under English law. It outlines two types of causation: (1) causation in fact, known as the "but for" test, which examines whether the plaintiff's loss would have occurred but for the defendant's negligence; and (2) causation in law (remoteness of damages), which examines whether the damages are too remote to hold the defendant liable. It provides examples of how courts have applied the "but for" test and exceptions where it does not apply, such as when the defendant's actions materially increase the risk of injury or there are multiple possible causes of damage.
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- 1. Torts Strict Liability Trespass On The Case (Intend the Act) Person Chattels Real Property Negligence Rylands Scienter Nuisance Assault Detinue Trespass Cattle Permanent Damage Battery Trespass Nuisance Trespass to Reversionary Interest False Privacy? Vicarious Imprisonment Conversion Liability (On The Case) Intentional Privacy? (intend the harm) (statutory) Economic Discrimination? Torts Int. Infliction of (no discrete tort) Nervous Shock Malcious Prosecution Deceptive Illegal & Coercive Marketing Practices Practices Int. Infliction of Harm 2-party Conversion Intimidation Deceit 3-party Passing Off simple Conspiracy Injurious unlawful Falsehoods Int'l. interference by unlawful means direct Int. Interference indirect with K