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Unit 15 The Law of Torts

Discover the main difference between torts and crimes, the participants involved, and the various types of torts affecting land and civil liberties. Learn about defamation and freedom of expression, as well as the key concepts of truth and serious harm. Explore negligence claims and the elements involved, including duty of care and factual causation.

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Unit 15 The Law of Torts

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  1. Unit 15The Law of Torts

  2. Have a look at the cartoon. • What is the main difference between a tort and a crime? • Who are the participants in a tort case / a criminal offence? Source: https://www.smore.com/50rqe-chp-4-tort-law

  3. What are TORTS? TORT= a less serious civil wrongcommitted by one citizen against another Øserious enough to merit the award of compensation to the injured party Ønot serious enough to amount to the breaking of the the criminal law CIVIL LIABILITY NOT PUNISHABLE BY THE STATE Offender tortfeasor/ˈtɔː(r)tfiːzə(r) / Action taken by the injured party

  4. THE LAW OF TORTS Readthetext, p. 139. andcompletethefolowingdefinitionofthelawoftorts. Thelawoftortsisan ________ of _________ orprivatelaw. Itdefinesways to __________ for the ___________ suffered and to _________ fromfurtherharmfulactivity. Name themaingroupsoftorts (p. 139): ________________________________ ________________________________ ________________________________

  5. Torts affecting land Read the text, p. 140 and complete the table. Discuss the difference between the two types of torts affecting land.

  6. Division of torts affecting civil liberties Trespass to the ________ Forms: _________ _________ _________ • D_________ • Types: • ________ • ________ • Explainthedifferencebetween: • batteryandassault • libelandslander

  7. Vocabulary work Do the exercises V – VII in your book, p. 142 - 143 Exercise VI: translate the expressions in the sentences 1 – 8 into Croatian.

  8. DEFAMATION- tarnishing the reputation of someone(making factual assertion for which you cannot provide evidence of its truth) LIBEL defaming somebody through print or broadcasting PERMANENT FORM SLANDER spoken defamation TRANSITORY FORM

  9. PART TWO – Defamation and Freedom of Expression • Readtheintroductionofthetext, p. 145 andexplaintheaimofthe • reformoflibellawsinEnglandandWales. • AnalysethemeasuresoftheDefamationActand • completethe table.

  10. LIBEL TOURISM The act of suing a writer for alleged defamation in a foreignjurisdiction where there are weak libel laws. The term libel tourism was coined somewhat cynically to describe  takingadvantage of the legal system of a foreign country where it is  easier foryou to file a libel lawsuit against a writer or journalist for publishing serious criticisms of or accusations against you.  The United Kingdom, forexample, has been a favorite venue for a so-called libel tourist to sue forlibel, because traditionally under British law the burden of proof rests  withthe defendant (the accused author and/or publisher), who must establishto the satisfaction of both judge and jury that the published statements  indispute are not defamatory. SOURCE: http://www.dictionary.com/browse/libel-tourism

  11. Do the exercises IV, V, VI and VII, pp. 146 – 147. Explain the two key concepts TRUTH and SERIOUS HARM as defined in the Defamation Act 2013. TRUTH SERIOUS HARM imputation financial loss Supply terms related to the two concepts.

  12. an unreasonable breach of duty by one person to another the failure to take reasonable care to avoid foreseeable injury to others Example: the modern law of negligence started with a decomposed snail contained in a drink consumed in a public bar; the manufacturer of the drink was sued by the consumer for her consequent illness (Donoghue v Stevenson, 1932) PART THREE – NEGLIGENCE

  13. http://www.nybarpicturebook.com/donoghue-v-stevenson/

  14. Judgement delivered by Lord Atkin26 May 1932 – neigbour principle • derived from the Christian principle of “loving your neighbour” in Luke 10 The rule that you are to love your neighbour becomes in law you must not injureyour neighbour; and the lawyer's question: Who is my neighbour?receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.

  15. Explanation of the “neighbour” principle Who, then, in law, is my neighbour? The answer seems to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question . . .

  16. Elements of negligence claim • Duty of care(towards a plaintiff) • Breach of duty(on the part of the defendant) • Factual causation(between the breach and the harm) • Damage(injury or harm as a consequence of the breach)

  17. A) Duty of care • a person owes a duty of care to another when the reasonable person would foresee that the other will be exposed to the risk of injury • Eg. – a driver of a vehicle owes a duty to anyone within the area of risk when moving - other road users, pedestrians, the owner of adjacent land and buildings Read the text p. 149 and answer the following questions: • Who typically owes a duty of care? • What is the connection between a duty of care and foreseeability of harm?

  18. unreasonable running a risk and harming to the others or their property Read the text p. 150 and explain the following concepts: Standard of care – behaviour below the standard Professional standard B) Breach of duty

  19. C) Factual causation • factual causation – a defendant is held liable if the particular acts or omissions were the cause of the loss or damage sustained (US – proximate cause) basic test of causation – to ask “but for, or without my breach of duty would you be harmed?” – if NO – I am liable Read the text p. 151 and explain the following concepts: • Balance of probabilities • Contributing factor • Contributory negligence • Chain of causation – remoteness of damage

  20. D) Damage • provable injury – a precondition for successful negligence suits • Damage may be: • Physical(personal injury) • Economic (pure financial loss) • Both (financial loss of earnings consequent on a personal injury) • Reputational (in a defamation case) • Emotional distress

  21. Consumer protection - EU Read the text p. 152 and explain the difference between liability in negligence cases in: Common law EU law

  22. ESSENTIALEXPRESSIONS a tort against a tort affects (land /rights) a plaintiff/claimant a defendant to bring a civil action a damage ≠ damages negligence ≠ duty of care nuisance (continuous disturbance) traspass to (land/person) false imprisonment assault and battery to attack reputation to ensure effective protection defamation laws Slander – transitory form libel – permanent form a remedy, possible remedies an injunction

  23. Analysis of negligence cases Study the medical cases p. 153 - 154 and write a short text (300 – 500 words) about the elements of the negligence claim. Name all the possible arguments that a lawyer could use: a) on behalf of the claimant b) on behalf of the defendant

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