Tort Law Lecture Notes

Flashcards covering the essential legal concepts, cases, and definitions from the lecture notes on Tort Law, including trespass, nuisance, defamation, and negligence.

Trespass

A wrong with a very wide application meaning unlawful presence in another's land, offence to the body of a person, or the wrongful taking of goods or chattels.

Trespass to Land

An act committed by entering another's property, remaining after a license expires, affecting sole possession without justification, or throwing objects into the land.

Trespass Act (Cap $294$)

A law under which a trespasser can be prosecuted for a criminal offence if they enter land with the intent to steal goods or commit any other offence.

Actionable per se

A legal term meaning a case is actionable without proof of special damage; it is not a defense that no damage was caused.

Involuntary entry

A situation where a person is not liable for trespass, as opposed to intentional entry which is liable even if made under mistake.

Constructive entry

Interference with land such as throwing stones over a neighbor's property, driving a nail into their wall, or planting trees on their land.

Distress damage feasant

A remedy for trespass to land where the owner may seize and retain animals (e.g., cattle, poultry) as a pledge for the redress of injury sustained.

Action for recovery of Land

A remedy sought when a plaintiff is wrongfully dispossessed of their land and sues to regain it from the defendant.

Adverse possession

A defense against trespass where land has been peacefully possessed for over $12$ years without disturbance.

Trespass to Person

Any direct interference with the body of another actionable in the absence of lawful justification, including assault, battery, and false imprisonment.

Assault

Conduct or threat to apply violence that creates apprehension in the plaintiff of being in real danger of immediate force.

Battery

The actual application of force against the person of another without lawful justification, requiring actual bodily contact.

False Imprisonment

Total restraint or deprivation of the liberty of a person without lawful justification, regardless of the duration of time.

Meering vs. Graham-white Aviation Co. Ltd ($1919$)

A case establishing that false imprisonment may be committed even without the plaintiff's knowledge (e.g., being locked in a room while asleep).

Volenti non-fit injuria

A defense meaning a person who voluntarily consented to bodily contact (e.g., in sports) cannot later complain about that contact.

Trespass to Goods

Wrongful interference with personal property in the possession of the plaintiff, including conversion, taking, or direct injury to the goods.

Trespass to Chattels

Interference with goods in the actual or constructive possession of the plaintiff such as removal, use, or destruction.

Detenue

The wrongful withholding or detention of goods from the person entitled to their immediate possession.

Conversion

Dealing with goods in a manner inconsistent with the right of the person in possession, such as selling another's goods without authority.

Nuisance

Unlawful interference with a person's use or enjoyment of land, or some other rights connected with the land.

Public Nuisance

An act interfering with the enjoyment of rights of society in general (e.g., fresh air, noise-free environment), which is both a crime and a tort.

Private Nuisance

Unlawful interference with an individual's use of land (e.g., noise, smoke, heat) that is tested by the standard of a reasonable man.

Abatement

A remedy for nuisance involving the discontinuation of the interference, such as cutting overhanging branches or roots.

Prescription

A defense to private nuisance acquired by the continuation of the nuisance for $20$ years or more without interference.

The Rule in Ryland vs Fletcher ($1866$)

The principle that a person who brings and keeps something likely to do mischief on their land is prima facie answerable for all damage if it escapes.

Non-natural user

A condition for the Rule in Ryland vs Fletcher where the defendant uses their land in a way that is not ordinarily natural.

Defamation

The publication of a false statement regarding another person without lawful justification which tends to lower their reputation.

Dixon Vs Holden ($1869$)

A case where the right of reputation is recognized as an inherent right of every person, considered as their property.

Slander

A type of defamation made in non-permanent form, such as word of mouth or gestures, actionable only on proof of damage except in specific cases.

Libel

A type of defamation in permanent form (writing, printing, broadcasting) which can be both a criminal offence and a civil wrong.

Absolute Privilege

A defense where certain communications are not actionable in defamation, including statements made in judicial proceedings or Parliament.

Negligence

Defined by Judge Alderson as the breach of a duty caused by omitting to do what a reasonable man would do, or doing what a prudent man would not do.

Neighbor principle

Enunciated by Lord Atkin in Donohue Vs Stevenson ($1932$), stating you must not injure persons so closely and directly affected by your acts.

Bourhill Vs Young ($1943$)

A case involving a pregnant woman who suffered nervous shock after an accident; the court held she could not recover due to the injury being remote and not foreseeable.

Res Ipsa Loquitor

A rule of evidence meaning 'the thing speaks for itself,' shifting the burden of proof to the defendant when an accident occurs that ordinarily wouldn't without negligence.

Bryne Vs. Boadle ($1863$)

A landmark case for res ipsa loquitor where a barrel of flour fell from a warehouse onto a plaintiff, presuming negligence on the facts.

Law Reform Act (Cap $26$)

A Kenyan statute that enables a plaintiff to recover damages even in cases of contributory negligence, though the amount is reduced.

Occupiers Liability Act (Cap $34$)

The Kenyan statute governing the duty of care an occupier owes to visitors (invitees) while on their premises.

Common duty of care (Occupiers)

Section $3(2)$ of the Act defines this as a duty to take reasonable care to see that a visitor will be reasonably safe in using the premises.