Torts A Revision Seminar

Stuart Butterworth

Torts A Examination

Issue spotting

Torts

Issue spotting
Torts to person? Torts to goods? Torts to land? Defences? Vicarious Liability? Non-delegable duties?

Torts A Examination

Issue spotting Structure

Torts
Torts to person Torts to goods Torts to land Defences Vicarious Liability Non-delegable duties

Torts

Torts to person
Battery Assault False Imprisonment Action on the case

Definition

Parties

Act

Standing to sue?

Elements

Fault

Defences

Remedies

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 Ps 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.

Torts

Battery
Definition

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 Ps 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.

Torts

Battery
Definition Standing to sue? Elements:
Contact Directness Knowledge?

Fault Defences? Remedies?

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 Ps 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.

Torts

Assault
Definition

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 Ps 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.

Torts

Assault

Definition Standing to sue? Elements:

Threat Directness Imminence Reasonable Apprehension Knowledge?

Fault Defences? Remedies?

Torts

False Imprisonment False imprisonment if any intentional or negligence total, wrongful restraint of the liberty of P directly brought about by D.

Torts

False Imprisonment
Definition

Torts

False Imprisonment False imprisonment if any intentional or negligence total, wrongful restraint of the liberty of P directly brought about by D.

Torts

False Imprisonment
Definition Standing to sue? Elements:
Total Restraint Wrongful Restraint Directness Knowledge?

Fault Defences? Remedies?

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:
1. 2. Ds act was calculated to cause harm. Compensable harm was caused as a result of Ds act.

Torts

Action on the case

Definition

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:
1. 2. Ds act was calculated to cause harm. Compensable harm was caused as a result of Ds act.

Torts

Action on the case

Definition Standing to sue? Elements:
Act Calculated to cause harm Harm in fact caused

Defences? Remedies?

Torts

Torts to goods
Trespass to Goods Action on the Case Conversion Detinue

Goods?

Interest?

Definition

Parties

Act

Standing to sue?

Elements

Fault

Defences

Remedies

Torts

Good

Tangible, moveable object capable of being actually possessed.

Torts

Interest

Torts

Interest
Does a bailment exist?
Is there more than one bailment?

What are the rights of the plaintiff?

Torts

Bailment

WTF?

Torts

Bailment
Fixed Term Bailment Bailment-at-will

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.

Torts

Fixed Term Bailment

Period of Time Until an Event Effect: - Bailor maintains ownership.

Torts

Bailment at will
Terminable on demand by bailor.
Effect: - Bailor has an immediate right to possession.

Torts

Interest
Does a bailment exist?
Is there more than one bailment?

What are the rights of the plaintiff?

Torts

Interest
Actual Possession Constructive Possession Immediate Right to Possession Proprietary Interest Other Interests

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 Ps 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.

Torts

Trespass to Goods
Definition

Torts

Trespass to Goods False imprisonment if any intentional or negligence total, wrongful restraint of the liberty of P directly brought about by D.

Torts

Trespass to goods
Definition Standing to sue? Elements:
Direct Act Interference

Fault Defences? Remedies?

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.

Torts

Conversion
Definition

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.

Torts

Conversion
Definition Standing to sue? Elements:
Conversionary Conduct

Fault
Actual Intention Imputed Intention

Defences? Remedies?

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.

Torts

Detinue
Definition

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.

Torts

Detinue

Definition Standing to sue? Elements:

Delivery Proper Demand Categorical Refusal Fault of another D exercised reasonable care

Fault

Defences? Remedies?

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.

Torts

Action on the case

Definition

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.

Torts

Action on the case

Definition Standing to sue? Elements:
Damage Wrongful Act

Fault Defences? Remedies?

Torts

Torts to land
Trespass to land Private Nuisance

Land?

Interest?

Definition

Parties

Act

Standing to sue?

Elements

Fault

Defences

Remedies

Torts

Trespass to land A trespass to land is any voluntary act of D which intentionally or negligently results in an interference with Ps exclusive right to possession of land.

Torts

Trespass to land
Definition

Torts

Trespass to land A trespass to land is any voluntary act of D which intentionally or negligently results in an interference with Ps exclusive right to possession of land.

Torts

Trespass to land
Definition Standing to sue? Elements:
Direct Act Interference

Fault Defences? Remedies?

Land?

Interest?

Definition

Parties

Act

Standing to sue?

Elements

Defences

Remedies

Torts

Private nuisance A private nuisance is an unreasonable interference with the use and enjoyment of land.

Torts

Private nuisance
Definition

Torts

Private nuisance A private nuisance is an unreasonable interference with the use and enjoyment of land.

Torts

Trespass to land
Definition Standing to sue? Elements:

Interference Unreasonableness
Physical damage (always unreasonable) Sensible personal discomfort (may be unreasonable)

Fault Defences? Remedies?

Persons legally responsible

Torts A Examination

Issue spotting Structure Facts

Torts A Examination

Issue spotting Structure Facts

Time

High Distinction?
Draw analogies Use facts Use of law Identify weaknesses Argue for P and D