summary

What is a tort?

A tort is a legal wrong that harms or injures someone’s interests

What must be shown for liability in tort?

That the wrong harmed or injured another person’s interests.

What is one of the most common torts?

Negligence

What are the three elements needed to prove negligence?

1. Duty of care is owed
2. That duty is breached
3. Damage, harm, or loss results from the breach

When is a duty of care breached?

When someone fails to act to the standard of the ordinary competent person in that role.

What types of damage can result from negligence?

Physical injury, property damage, economic loss, or psychological harm.

What can a harmed party recover if negligence is proved?

Damages (compensation).

What must occupiers of property ensure?

That visitors are kept safe from harm.

What laws impose a duty of care on occupiers of property?

The Occupiers’ Liability Acts of 1957 and 1984.

When might a letting agent be considered an occupier?

When they are in control of a property, such as during a viewing.

Why must special care be taken regarding children on premises?

Because children are less likely to be as careful as adults.

How can occupiers reduce or avoid liability?

By using clear, specific warning signs (and barriers where necessary).

What is vicarious liability?

When an employer is held responsible for a tort committed by an employee during their employment.

Does vicarious liability apply to everything an employee does?

No, only to actions carried out during the course of employment.