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Torts Law

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Torts Law

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16 Pages Partial Study Notes > 2 Years old
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Torts Law
Topics this document covers:
Tort law Law Common law Philosophy of law Negligence Duty of care Tort Causation Contributory negligence Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd Damages Standard of care
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Topics this document covers:
Tort law Law Common law Philosophy of law Negligence Duty of care Tort Causation Contributory negligence Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd Damages Standard of care
Sample Text:
If behaviour is of a lesser standard than This is supposedly that of a reasonable person, duty has been breached an objective standard, however, there is some debate overthis. Categories are imposed within Standard of Care they so not deal with cases subjectively, instead places defendant in context, looking for an objective standard for that type of defendant. Children McHale v Watson (Luntz + Hambly p248) Facts: 12 year old boy threw metal rod he had sharpened at one end at a wooden post He missed + a 9 year old girl was struck in the eye by the rod. Findings: A child has different perspectives/values to an adult and therefore needs to have a different standard of care. The standard of the conduct required of the reasonable child is that which can be expected of a child of a like age, intelligence and experience. Mentally ill Adams...
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Contents: Element 1: Breach of Duty 2 1. Determine the standard of care, and whether the defendant’s act/omission fell below it 2 2. Determine whether the risk was foreseeable and not insignificant 2 3. Determine how the reasonable person would have responded by applying the calculus of negligence 3 Element 2: Causation AND Remoteness 5 1. Determine whether the harm was caused by the defendant’s negligence 5 2. Determine whether there was an intervening act 6 3. Determine whether the defendants conduct was reasonably close to the plaintiffs harm 6 Defenses 8 1. Determine whether the plaintiff contributed to the harm – contributory negligence 8 2. Determine whether the plaintiff voluntarily assumed the risk – voluntary assumption of risk (Volenti non fit injuria) 9 3. Determine whether the risk was obvious or the plaintiff was undertaking a dangerous recreational activity 9 4. Determine whether the plaintiff was undertaking an illegal activity 10 Vicarious Liability 11 1. Determine whether there is a requisite relationship that imposes responsibility upon the third party for the conduct of the tortfeasor 11 2. Was the employee acting in the course of their employment? 11 Non-delegable Duty 12 Breach of Statutory Duty 13 Damages 14 1. General Principles 14 2. General and Special Damages 14 3. Economic Loss 14 4. Non-economic Loss 15

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