“To be alive at all involves some risk.” Harold Macmillan

1. Tort law “To be alive at all involves some risk.”Harold Macmillan

2. What is a tort? A tort is a civil wrong (other than a breach of contract) aimed at protecting individuals against infringements of their own personal rights These infringements may be against another’s property, reputation or person The law of torts provides rules of conduct that regulate how members of society interact, and affords remedies (usually monetary) if the rules are breached and damage is suffered, e.g. someone is injured by the act or omission of another

3. Types of torts Unintentional Tort of negligence Conduct causing damage to another in breach of the defendant’s duty of care to the other Intentional Trespass to land Direct interference with land in possession of another without lawful excuse

4. Types of torts Trespass to the person Battery – the application of direct force to another Assault – the threat of direct force to another False imprisonment – deprivation of another’s liberty without lawful cause or excuse Trespass to goods Conversion – Wrongfully dealing with the property of another (eg, title deeds and cheques) Detinue – Wrongfully detaining the property of another Trespass to chattels – Direct physical interference with personal property in the possession of another without lawful excuse

5. Types of torts Nuisance Interference with another’s use or enjoyment of land; this may result from, eg, gas, fumes, water, smoke, obstruction, noise Passing off Misrepresenting business associations

6. Types of torts Defamation Words spoken or written or conduct disparaging the reputation of another Injurious falsehood Words spoken or written or conduct intentionally disparaging another’s goods or business reputation Deceit Fraudulent untruth

7. Defences to intentional torts • Consent A plaintiff who consents to a tort loses the right to sue The consent must be genuine and informed • Defence of self, of others, or of property The defendant’s actions must be reasonable and proportionate to the risk • CASE: Hackshaw v Shaw (1984)

8. Defences to intentional torts • Unavoidable accident Unavoidable accident is a good defence but mistake is not a good defence • Necessity • Statutory authority

9. Torts and contracts • Contractual obligations are determined by the terms of the contract. • Obligations under tort law are fixed by the law irrespective of any contract. • The same act may be both a tort and a breach of contract. • CASE: Bryan v Maloney (1995)

10. Torts and crimes In tort law, the action is commenced by the victim and the objective is compensation. In criminal law, the action is commenced by the Crown and the objective is deterrence and punishment. The same act may be both a tort and a crime (e.g. negligent driving causing injury to another).