Legal Studies Tort Revision

Tort

A civil wrong

The Neighbour Principle

Anyone closely and directly affected by actions or omissions that should have been thought of when contemplating actions

Negligence

Behaviour that may seem careless or reckless

3 Elements needed to prove Negligence

Duty of care is owed, breached, caused due to breach/causation

Negligence defences

Contibututory negligence, assumption of risk, 4 elemetns of negligence was not establlished (duty was not owed, breached, damage or injury was too remote, no loss or harm was suffered)

Contributory negligence

The plaintiff is partially to blame for harm or contributed to harmful situation

Dafamation

The publification of words or matter concerning another person, lowering their reputation

3 Elements needed to prove Defamation

Statement is defamatory, refers to the plaintiff has been published by the defendant

Defamation Defences

Justification, fair comment, privelege, consent

Nuisance

the violation of the right of a person to reasonable convenience and comfort in life

3 Elements needed to prove Nuissance

Plaintiff has a property right in or over the land, there has been interference with the plaintiff’s use and enjoyement of the land, the plaintiff has sufferred damage

Rights protected for Nuissance

Protects enjoyment of land, freedom of movement, ability to seek an appropriate

Defences to Nuissance

Not continual or recurrent, private nuissances can be legalised

Public Nuissance

Aims to strike a balance between the competing uses of land and the conflicting claims of neighbours.

Private Nuissance

Private nuisance can be defined as a substantial and unreasonable interference with the use and enjoyment of land.