FLK 1 - Tort Law

In Employers Liability, what are the two methods of an employee’s disobedience to instructions?

1. A prohibition may limit the manner for which employment is to be carried out - still liable

2. Limitation of scope - will not be liable

In occupiers liability, when does a landlord cease to be the occupier?

When a tenant comes in

BUT if parts of the premises have been excluded from the lease or tenancy, the landlord may retain control, eg a staircase

Which damage is covered in public nuisance?

Property damage and personal injury

What is the difference between trespass to land and nuisance?

Trespass to land - intentional and direct interference with claimants possession of land

Nuisance - indirect damage/interference

Example - planting a tree is trespass but the roots of the tree growing into C’s land is nuisance

What is required for a successful claim of breach of statutory duty?

1. C must show they are within class of persons intended to be protected by the statute

2. The harm is a kind statute was intended to prevent

Does a grant of planning permission authorise a nuisance?

No!

In private nuisance, when is the character of a neighbourhood taken into account?

in cases involving amenity damage such as smell

When does a manufacturer owe the consumer a duty?

When a product is put into circulation in the form which it is intended to reach the consumer with no reasonable expectation of intermediate examination

What are the three requirements for Rylands v Fletcher?

1. D brought something on to his land that is likely to cause harm if it escapes

2. D was engaged in non natural use of land (risk of danger)

3. The thing gathered on the land escaped and caused damage

Is pure economic loss recoverable under negligence?

No!

What is the exception for being able to claim under pure economic loss?

consequential economic loss can be recovered along with damages for physical injury or physical damage to the claimant’s property.

Ie cannot claim for damages freezer but can claim for eg the £5k worth of meat inside that spoilt as a result