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THE LAW OF TORT


Wrongful
Act
Wrongful
Omission
DEFINITION
moral
wrong
trespass
to person
trespass
to land
negligence nuisance
civil criminal
legal
wrong
SCOPE
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INTENTIONAL TORT : TRESPASS TO PERSON
mental state
of the D
TUBERVILLE
effect on
the P
BLAKE
capability to
carry out
the threat
STEPHENS
bodily
movements
INNES
elements can words
constitute
assault?
R v WILSON
ASSAULT
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INTENTIONAL TORT : TRESPASS TO PERSON
mental state
of D
SCOTT
D's act under
his control
GIBBONS
Contact
COLE
Without
P's consent
TIONG PH
elements of battery
issue of
consent
contact protection
difference between
assault &
battery
BATTERY
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INTENTIONAL TORT : TRESPASS TO LAND
mental state
BASELY
entering
the land
TAN WC
remaining
on the land
TAY TK
Placing
Objects
OSMOND
interference to airspace
KELSEN
interference
GREGORY
elements of trepass
to land
TRESPASS TO LAND
Art. 13(1) FC
Sec. 5 NLC
Sec. 44(1)(a) NLC
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INTENTIONAL TORT
self-defence defence
another
defence
property
contribut.
negligence
necessity mistake inevitable
accident
consent discipline
DEFENSES TO INTENTIONAL TORT
Sec.26
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UNINTENTIONAL TORT : NEGLIGENCE
Duty Of Care
DONOGHUE
reasonable
man
reasonable
foreseeable
Breach Of
Duty of care
volenti contribut
negligence
mechanical defect/
inevitable accident
Defenses
NEGLIGENCE
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UNINTENTIONAL TORT : NUISANCE
prosecuted
crime
Public
Nuisance
substantial continuous
locality benefit if any extra-sensitive temporary/
isolated
unreasonable
Private
Nuisance
NUISANCE
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TYPES OF LIABILITY
respondent
superior
master
neglect/fail
to control
employee
master
benefits
master
has deeper
pocket
Rationale
IMPERIAL CHEM
offender
is the employee
(special
relationship)
employee
committed
tort
(tortious act)
tort committed
in the course
of employment
claimant must prove
VICARIOUS LIABILITY
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VICARIOUS LIABILITY
control test intergration test hiring of servants
contract
hospital staff
&
police officer
Who is employee/servant?
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TYPES OF LIABILITY
Liability without fault
RYLAND
dangerous objects
HOCK TAI
intentional
storage
MILES
escape
MIDWOOD
non-natural
use of land
RICKARDS
elements of liability
claimant must
established
STRICT LIABILITY
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STRICT LIABILITY
P consent
SHEIKH AMIN
Common
benefit
DUNNE
act of third
party
RICKARDS
Act of God
NICHOLS
P default
DEFENCES