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Published by: wsenelwa7132 on Jul 28, 2013
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Law of Tort
 Tort is distinguished from other legal wrongs.
It is not a breach of contract, where the obligation which is alleged to have beenbreached arose under an agreement between two parties.It is not a crime, where the object of proceedings is to punish the offender ratherthan compensate the victim.A tort is a civil wrong and the person wronged sues in a civil court forcompensation or an injunction.In tort no previous transaction or contractual relationship need exist
 Types of tort
 Trespass to land
 Trespass to land involves one or a combination of the following acts without lawful justification
Entering land that is owned by the claimant
Remaining on the land
Placing objects or projections onto the land
Liability for trespass is strict, which means that even if the action is accidental or no damage results from it,the trespasser is still liable.
Landowners have the right to use their land as they see fit and not to have their land interfered with.Nuisance occurs where the use of land by one occupier causes damage to a neighbouring occupier or theirland. There are two types of nuisance, private and public.
Private nuisance
 This is the 'unlawful interference with a person's use, or enjoyment of land, or some right or in connectionwith it'
Public nuisance
Public nuisances are not related to private nuisance as they are created by statute and are therefore criminaloffences. Examples include obstructing the highway, takeaway restaurants creating litter and odours and'raves' that attract hundreds of people late at night creating noise and disturbance to a wide area.
 Trespass to the personBattery
Battery involves the intentional bringing of a material object into contact with another person. It is not justrestricted to violent acts, but can also include non-violent acts such as the application of 'tone rinse' to a scalp- Nash v Sheen (1953). For liability to be created it is just the act that must be intentional - not the injury.
Assault is the intentional act of putting another in reasonable fear or apprehension of immediate battery.Words may not enough to create a liability unless they are accompanied by menacing or threatening actions.For example, telling someone you will shoot them may not be classed as assault unless you are pointing a gunat them as well.
False imprisonment
False imprisonment involves unlawfully arresting, imprisoning or preventing a person from leaving fromwhere they are
 The expression or publication of false or defamatory statements that is not lawfully justified are knowncollectively as defamation. In other words, defamation involves the ridicule of an individual or holding themin contempt.
Deceit, injurious falsehood and 'passing-ofDeceit
It is a wrong whereby the claimant is mislead into taking actions that are to his detriment. A typical exampleof deceit is the con-artist who encourages an individual to pay him money for goods that he has no intentionof supplying.
Injurious falsehood
It involves the defendant making false statements about the claimant that cause the claimant damage throughthe actions of others. A key example in the business context is the tort of passing-off.
It is the use of a name, mark or description by one business that misleads a consumer to believe that theirbusiness is that of another. This tort often occurs when expensive 'designer' products such as watches orclothing are copied and sold as 'originals' to unsuspecting customers.
 The tort of negligence
 There is a distinct tort of negligence which is causing loss by a failure to take reasonable care when there is aduty to do so. This is the most important and far reaching modern tort.
Duty of care
 The basic rule
 The question of whether or not a duty of care exists in any situation is generally decided by the courts on acase by case basis, with each new case setting a precedent based on its own particular facts.
Breach of duty of care
 The basic rule
Breach of duty of care is the second issue to be considered in a negligence claim. The standard of reasonablecare requires that the person concerned should do what a reasonable man would do. This will also mean thereasonable employer, or the reasonable adviser. The following factors should be considered when deciding if a duty of care has been breached:
Probability of injury
It is presumed that a reasonable man takes greater precautions when the risk of injury is high. Thereforewhen the risk is higher the defendant must do more to meet his duty. In Glasgow Corporation v Taylor 1992local authority was held to be negligent when children ate poisonous berries in a park. A warning notice wasnot considered to be sufficient to protect children.
(b) Seriousness of the risk
 The young, old or disabled may be prone to more serious injury than a fit able-bodied person. The 'egg-shellskull' rule means that you must take your victim as they are. Where the risk to the vulnerable is high, the levelof care required is raised.

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