Presentation Transcript

1. Torts A Revision Seminar

   Stuart Butterworth
2. Torts A Examination Issue spotting
3. Torts Issue spotting Torts to person? Torts to goods? Torts to land? Defences? Vicarious Liability? Non-delegable duties?
4. Torts A Examination Issue spotting Structure
5. Torts Torts to person Torts to goods Torts to land Defences Vicarious Liability Non-delegable duties
6. Torts Torts to person Battery Assault False Imprisonment Action on the case
7. Torts Battery A battery is a direct, intentional or negligent positive act of the defendant causing contact with the body of the plaintiff (Collins). For battery to be made out, P must prove that D made direct contact with P’s body, after which D must prove that the contact was without fault (intention, recklessness or negligence). All elements of the tort must be proved on balance of probabilities.
8. Torts Battery Definition
9. Torts Battery A battery is a direct, intentional or negligent positive act of the defendant causing contact with the body of the plaintiff (Collins). For battery to be made out, P must prove that D made direct contact with P’s body, after which D must prove that the contact was without fault (intention, recklessness or negligence). All elements of the tort must be proved on balance of probabilities.
10. Torts Battery Definition Standing to sue? Elements: Contact Directness Knowledge? Fault Defences? Remedies?
11. Torts Assault An assault is a direct threat by D which, intentionally or negligently, places P in reasonable apprehension of an imminent harmful or offensive contact with P’s person (Rixon). To establish assault P must prove the elements of the tort, after which D must prove that the contact was without fault (intention, recklessness or negligence). All elements must be proved on balance of probabilities.
12. Torts Assault Definition
13. Torts Assault An assault is a direct threat by D which, intentionally or negligently, places P in reasonable apprehension of an imminent harmful or offensive contact with P’s person (Rixon). To establish assault P must prove the elements of the tort, after which D must prove that the contact was without fault (intention, recklessness or negligence). All elements must be proved on balance of probabilities.
14. Torts Assault Definition Standing to sue? Elements: Threat Directness Imminence Reasonable Apprehension Knowledge? Fault Defences? Remedies?
15. Torts False Imprisonment False imprisonment if any intentional or negligence total, wrongful restraint of the liberty of P directly brought about by D.
16. Torts False Imprisonment Definition
17. Torts False Imprisonment False imprisonment if any intentional or negligence total, wrongful restraint of the liberty of P directly brought about by D.
18. Torts False Imprisonment Definition Standing to sue? Elements: Total Restraint Wrongful Restraint Directness Knowledge? Fault Defences? Remedies?
19. Torts Action on the case An action on the case may be brought where a wilful act or statement by D, calculated to cause harm, in facts causes harm of a legally recognisable kind to P. For an action on the case to be successful, P must prove on balance of probabilities that: D’s act was calculated to cause harm. Compensable harm was caused as a result of D’s act.
20. Torts Action on the case Definition
21. Torts Action on the case An action on the case may be brought where a wilful act or statement by D, calculated to cause harm, in facts causes harm of a legally recognisable kind to P. For an action on the case to be successful, P must prove on balance of probabilities that: D’s act was calculated to cause harm. Compensable harm was caused as a result of D’s act.
22. Torts Action on the case Definition Standing to sue? Elements: Act Calculated to cause harm Harm in fact caused Defences? Remedies?
23. Torts Torts to goods Trespass to Goods Action on the Case Conversion Detinue
24. Torts Good “Tangible, moveable object capable of being actually possessed.”
25. Torts Interest
26. Torts Interest Does a bailment exist? Is there more than one bailment? What are the rights of the plaintiff?
27. Torts Bailment WTF?
28. Torts Bailment Fixed Term Bailment Bailment-at-will
29. Torts Requirements for Bailment Goods must have been delivered to bailee for a purpose Bailee must take possession of goods Both bailor and bailee must agree to the bailment, there must be intention that the thing be delivered and received; Ashby v Tolhurst It must be intended that the thing be returned to the bailor or his agent.
30. Torts Fixed Term Bailment Period of Time Until an Event Effect: - Bailor maintains ownership.
31. Torts Bailment at will Terminable on demand by bailor. Effect: - Bailor has an immediate right to possession.
32. Torts Interest Does a bailment exist? Is there more than one bailment? What are the rights of the plaintiff?
33. Torts Interest Actual Possession Constructive Possession Immediate Right to Possession Proprietary Interest Other Interests
34. Torts Trespass to Goods A trespass to goods is any voluntary act of D which intentionally or negligently results in a direct, physical interference with a good in possession of another without lawful justification. For trespass to goods to be made out, P must prove that D made direct contact with P’s goods, after which D must prove that the contact was without fault (intention, recklessness or negligence). All elements of the tort must be proved on balance of probabilities.
35. Torts Trespass to Goods Definition
36. Torts Trespass to Goods False imprisonment if any intentional or negligence total, wrongful restraint of the liberty of P directly brought about by D.
37. Torts Trespass to goods Definition Standing to sue? Elements: Direct Act Interference Fault Defences? Remedies?
38. Torts Conversion A conversion is an act of wilful interference with any chattel in a manner inconsistent with the right of the person entitled to it, whereby that other is deprived of the use and possession of it.
39. Torts Conversion Definition
40. Torts Conversion A conversion is an act of wilful interference with any chattel in a manner inconsistent with the right of the person entitled to it, whereby that other is deprived of the use and possession of it.
41. Torts Conversion Definition Standing to sue? Elements: Conversionary Conduct Fault Actual Intention Imputed Intention Defences? Remedies?
42. Torts Detinue An action in detinue may be maintained where D refuses or is unable to return goods of which he has or had actual or constructive possession upon the making of a proper demand by P.
43. Torts Detinue Definition
44. Torts Detinue An action in detinue may be maintained where D refuses or is unable to return goods of which he has or had actual or constructive possession upon the making of a proper demand by P.
45. Torts Detinue Definition Standing to sue? Elements: Delivery Proper Demand Categorical Refusal Fault Fault of another D exercised reasonable care Defences? Remedies?
46. Torts Action on the case An action on the case may be brought by any person with a proprietary interest in a good which has been the subject of intentional or negligent permanent damage, disposal or destruction.
47. Torts Action on the case Definition
48. Torts Action on the case An action on the case may be brought by any person with a proprietary interest in a good which has been the subject of intentional or negligent permanent damage, disposal or destruction.
49. Torts Action on the case Definition Standing to sue? Elements: Damage Wrongful Act Fault Defences? Remedies?
50. Torts Torts to land Trespass to land Private Nuisance
51. Torts Trespass to land A trespass to land is any voluntary act of D which intentionally or negligently results in an interference with P’s exclusive right to possession of land.
52. Torts Trespass to land Definition
53. Torts Trespass to land A trespass to land is any voluntary act of D which intentionally or negligently results in an interference with P’s exclusive right to possession of land.
54. Torts Trespass to land Definition Standing to sue? Elements: Direct Act Interference Fault Defences? Remedies?
55. Torts Private nuisance A private nuisance is an unreasonable interference with the use and enjoyment of land.
56. Torts Private nuisance Definition
57. Torts Private nuisance A private nuisance is an unreasonable interference with the use and enjoyment of land.
58. Torts Trespass to land Definition Standing to sue? Elements: Interference Unreasonableness Physical damage (always unreasonable) Sensible personal discomfort (may be unreasonable) Persons legally responsible Fault Defences? Remedies?
59. Torts A Examination Issue spotting Structure Facts
60. Torts A Examination Issue spotting Structure Facts Time
61. High Distinction? Draw analogies Use facts Use of law Identify weaknesses Argue for P and D