Tort Law Review

A collection of key terms and definitions from tort law to aid in understanding and retention for exam preparation.

Negligence

A common law tort where the law governing it is created by court decisions, requiring that the defendant owed a duty of care, breached that duty, and caused damage to the claimant.

Duty of Care

A legal obligation to ensure the safety or well-being of others, established through case law in various contexts such as doctor-patient and employer-employee.

Caparo Test

A three-stage test used to establish a duty of care, considering reasonable foresight of harm, sufficient proximity, and whether it's fair, just, and reasonable to impose a duty.

Remedies

The means by which a court enforces a right or compensates for the violation of a right, generally involving damages or injunctions.

Vicarious Liability

A legal principle where an employer can be held liable for the torts committed by an employee in the course of their employment.

Contributory Negligence

A defense where the claimant's own negligence contributed to their injury, potentially reducing the damages awarded.

Occupiers Liability

The duty of care owed by occupiers of premises to ensure that visitors are reasonably safe while using their premises, governed by the Occupiers' Liability Acts.

Public Nuisance

A type of nuisance affecting the general public's rights, distinguished from private nuisance, which affects individual property rights.

Private Nuisance

An unlawful interference with a person's use or enjoyment of land or some right over it.

Rylands v Fletcher

A strict liability tort where a landowner is liable for damage caused by a dangerous substance brought onto their land that escapes.

Defences

Legal arguments used by defendants to negate or diminish liability, including consent, contributory negligence, and statutory authority.

Injunctions

Court orders that require a party to do or refrain from doing specific acts, often used in nuisance cases.

Consumer Protection Act 1987

Legislation that holds producers strictly liable for defective products causing personal injury or damage without the need for proving negligence.

Special Damages

Specific financial losses that the claimant has incurred prior to trial, often quantifiable, such as medical expenses or lost earnings.

General Damages

Compensation for non-pecuniary losses such as pain, suffering, and loss of amenity that cannot be precisely calculated.

Negligent Misstatement

Liability arising from providing false information or advice that the claimant relies on to their detriment, under specific circumstances.

Abatement

The self-help remedy whereby a claimant removes the source of nuisance without court intervention, usually following prior notice.

Proximity in Tort Law

The requirement that the claimant must have a close relationship with the event causing damage, often a part of establishing duty of care.

Causation

The act of proving that the defendant's breach of duty directly caused the claimant's injury or damage.

Strict Liability

Liability that does not depend on actual negligence or intent to harm, often applied in cases involving inherently dangerous activities.

The Neighbour Principle

A concept established in Donoghue v Stevenson stating that a person must take reasonable care to avoid acts or omissions which could reasonably foreseeably injure their 'neighbour'.

Breach of Duty

The failure to meet the standard of care that a reasonable person would exercise in a similar situation, leading to potential liability.

Conditions of Occupiers Liability 1957

The requirement for occupiers to ensure visitors are reasonably safe while on the property, taking reasonable precautions against hazards.

Statutory Authority Defence

A defence allowing a defendant to avoid liability by demonstrating that their actions were authorized by a statute.

Eggshell Skull Rule

A legal doctrine that allows a claimant to recover for the full extent of their injuries even if the injuries were more severe than what a reasonable person would have anticipated.