TORT LAW TABLE OF CONTENTS CONTEXT AND MEANING OF TORT 2 COMPENSATION FOR INTERFERENCES WITH INTERESTS. 4 DUTY OF CARE. 7 DUTY OF CARE (PART 2) 9 DUTY OF CARE SITUATIONS 13 APPORTIONMENT OF LIABILITY 16 BREACH OF DUTY. 18 CAUSATION AND REMOTENESS 23 DEFENCES OF NEGLIGENCE 28 PROOF OF NEGLIGENCE 29 TORT LAW AND MEDICAL TREATMENT. .33 ACL - MISLEADING OR DECEPTIVE CONDUCT 36 ACL MANUFACTURING LIABILITY .41 MANUFACTURERS' LIABILITY: DEFECTIVE GOODS ACTIONS. 43 1
1.1 CONTEXT N MEANING OF TORT Why Study Tort Law What is a tort · In legal practice tort law underpins the most important issues in private law · Significant tool for social policy · Has undergone significant statutory modification · Tort law is about righting wrongs between individuals · Not all torts require actual damage. Intentional torts are actionable per se (no need to prove harm/damage) . There can be more than one tort on the same set of facts · All tort causes of action give right to unliquidated damages The difference between and action in tort and other areas of law 2 Tort vs Crime Similarities o Both are departures from what the law determines should happen o The same behaviour may be both a crime and a tort Differences o Tort law = the action is brought by a private individual Criminal law = is usually left to state prosecuting authorities o The purpose in tort law and criminal law is different. o Criminal law focuses on the defendant and imposing punishment Tort law focuses on the plaintiff and providing a remedy for an identified wrong In criminal law the crown is required to prove its case beyond reasonable doubt In tort law the plaintiff is required to prove its case on the balance of probabilities o The outcome in tort law is the award of an appropriate remedy e.g. damages In criminal law, the sanctions imposed can include imprisonment . Tort vs Contract Similarities o Both are departures from what the law determines should happen o The same behaviour may be both a tort and a breach of contact e.g. work injury (you can't have 'double recovery' = must choose between damages in tort or breach of contact) Differences o Tort duties are owned to persons generally Contract duties are owned other contracting parties o In tort law a duty is imposed by law e.g. strangers on the road
In contract law you have a duty to only people you have entered a contract with o Tort law and contract law protect different interests (p.7) Aims of Tort Law · Norms Interest protected Tort Interest in bodily and mental security Battery, assault and negligence, action on the case for indirect intentional injury Freedom of movement False imprisonment Interest in the security and enjoyment of property including intellectual property Trespass to land, trespass to goods, conversion, detinue, negligence, nuisance, passing off Defamation Fame and reputation Financial and economic interests Negligence to Sources of tort law regulate "civil" behaviourests protected by