Law of Tort

What is a tort and what is the primary remedy for it?

A tort is a civil wrong committed by a tortfeasor against another, for which the remedy is a common law action for unliquidated damages[cite: 8].

What are the essential elements required to establish liability in tort?

1. A wrongful act or omission 2. Legal damage 3. Causation and legal remedy[cite: 8].

What is the distinction between Injuria Sine Damno and Damnum Sine Injuria?

Injuria sine damno is an infringement of a legal right without actual loss (actionable)[cite: 8]. Damnum sine injuria is actual harm without legal injury (not actionable)[cite: 8].

What legal principle was established in Mogul Steamship Co. v. McGregor (1892)?

Loss caused by legitimate, ordinary trade competition is damnum sine injuria and does not give rise to a claim in tort[cite: 8].

What is the general relevance of motive and malice in tort law, as shown in Bradford Corporation v. Pickles (1895)?

Motive and malice are generally irrelevant; doing a lawful act with bad motive/malice does not render it a tort[cite: 8].

In which specific torts can malice or motive become an essential element?

Malicious prosecution, negligence, nuisance, defamation, and trespass[cite: 8].

How does a contract differ from a tort regarding duty and remedies?

Contract: duties are fixed by parties, owed to definite persons, and damages can be liquidated or unliquidated[cite: 8]. Tort: duties are fixed by law, owed to the community at large, and remedies are always unliquidated[cite: 8].

What are the primary differences between a tort and a crime?

Crime: prosecuted by the State to punish the wrongdoer for breaching public rights[cite: 8]. Tort: civil action brought by the injured party (plaintiff vs. defendant) to obtain monetary compensation[cite: 8].

What is the defense of Volenti Non Fit Injuria and what conditions must be met to use it?

Voluntary assumption of risk[cite: 8]. Requirements: 1. Plaintiff was aware of the nature and extent of the risk 2. Plaintiff voluntarily and freely agreed to incur the risk[cite: 8].

Why did the defense of Volenti Non Fit Injuria fail in Haynes v. Harwood?

Because it was a rescue case where a police constable acted voluntarily to protect the public from imminent danger created by the defendant's negligence[cite: 8].

What constitutes an Inevitable Accident in tort law, as illustrated in Stanley v. Powell?

An accident that cannot be prevented by ordinary care, caution, or skill of a reasonable person; injury arising without negligence is not actionable[cite: 8].

What is the defense of Act of God and what case illustrates it?

Damage caused directly by extraordinary natural forces unconnected with human action (e.g., Nichols v. Marshland)[cite: 8].

Under what circumstances can Necessity be pleaded as a defense?

When an intentional interference or damage is done during an urgent, real, and imminent danger to prevent greater harm, using reasonable measures (e.g., Cope v. Sharpe)[cite: 8].

What conditions must be satisfied for the defense of Self-Defense to succeed?

1. Force used must be reasonably necessary and proportionate to the attack 2. Defense must not be excessive 3. Force must cease once the attack ends[cite: 8].

How does Contributory Negligence affect a plaintiff's claim in tort?

It does not completely release the defendant from liability; it merely apportions compensation between parties based on fault[cite: 8].

What is Novus Actus Interveniens?

An intervening act or event that breaks the causal chain between the defendant's wrong and subsequent happenings, relieving the defendant from responsibility for those happenings[cite: 8].

What are the three main categories of Trespass to Person?

1. Assault 2. Battery 3. False Imprisonment[cite: 8].

What is the legal difference between Assault and Battery?

Assault is threatening force and creating reasonable fear of immediate danger[cite: 8]. Battery is the actual, intentional application of physical force without consent[cite: 8].

What constitutes False Imprisonment?

Complete deprivation of a person's liberty for any duration without legal justification (can occur even if the plaintiff is unaware at the time)[cite: 8].

What is Trespass to Land and what constructive acts constitute entry?

Intentionally entering, remaining on, or placing/projecting objects on another's land without justification[cite: 8]. Constructive entry includes throwing stones, driving nails into walls, or overhanging trees[cite: 8].

What are the three categories of Trespass to Goods?

1. Trespass to Chattels (unlawful physical interference/damage) 2. Detinue (wrongful detention) 3. Conversion (dealing with goods inconsistent with owner's rights)[cite: 8].

What three elements must a plaintiff establish to prove Negligence?

1. Defendant owed a legal duty of care 2. Defendant breached that duty 3. Plaintiff suffered actual damage as a direct result[cite: 8].

What is the doctrine of Res Ipsa Loquitur and when does it apply?

"The thing speaks for itself"[cite: 8]. Presumes negligence without direct proof when the causing instrument was in the defendant's control, the accident wouldn't normally occur without negligence, and there is no explanation[cite: 8].

What are the key legal distinctions between Libel and Slander?

Libel is defamatory statement in permanent form, actionable per se, and can be a crime[cite: 8]. Slander is non-permanent (spoken/gestures), usually requires proof of special damage, and is purely a civil wrong[cite: 8].

In what exceptional circumstances is Slander actionable per se (without proving actual damage)?

1. Imputing a criminal offence punishable by imprisonment 2. Imputing a contagious disease 3. Imputing unchastity/adultery to a woman 4. Imputing incompetence in trade/profession[cite: 8].

What is the difference between Absolute Privilege and Qualified Privilege in defamation actions?

Absolute privilege covers statements (e.g., in court or parliament) completely, even if false or malicious[cite: 8]. Qualified privilege protects statements made without actual malice[cite: 8].

What is Private Nuisance and what defenses can be raised against it?

Wrongful disturbance of a person's private use or enjoyment of land[cite: 8]. Defenses: Prescription (20 years uninterrupted), Statutory Authority, Plaintiff's Consent, and De Minimis Non Curat Lex[cite: 8].

What are the three core conditions for an employer to be held Vicariously Liable for an employee's tort?

1. Master/servant (employer/employee) relationship existed 2. Employee committed the tort 3. Tort was committed in the course of employment[cite: 8].

When is an employer liable for torts committed by an Independent Contractor?

1. Retains control and personally interferes 2. Contracted act is itself a tort 3. Act is likely to cause damage/nuisance 4. Strict liability cases[cite: 8].

What rule was established in Rylands v. Fletcher (1866) regarding Strict Liability?

A person who brings and keeps on land anything likely to do mischief if it escapes does so at their peril and is strictly liable for all natural damages caused by its escape[cite: 8].

What are the defenses available under the rule in Rylands v. Fletcher?

1. Act of God 2. Plaintiff's fault/contributory negligence 3. Plaintiff's consent/benefit 4. Statutory authority 5. Wrongful act of a third party[cite: 8].

What is the Thin Skull Rule (Eggshell Skull Rule) in tort law?

A defendant must take their victim as they find them and is liable for the full extent of harm caused, regardless of the victim's pre-existing medical conditions or vulnerabilities[cite: 8].