Complete Notes Covering Weekly Readings

1 Found helpful • 37 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: LLB240 - Law of Torts

These notes cover all readings associated with LLB 240 from weeks 1 to 13. An example of these notes: •SIMPLE: Trespass = Where P complains of an immediate wrong, Case = Where P complains of a wrong which is the consequence of another act Reynolds v Clarke(1725) Common characteristics of the torts derived from the action for trespass - 33 o General - 33 D's intentional or negligent act must directly cause an interference with the P's person, goods or land. o Intentional or neglectful act: fault - 33 Imprisonment • 1) Wrongful imprisonment is a tort of strict liability = Whether you meant it or not you are liable for those actions (unless D shows justification for action #3) Ruddock v Taylor (2005) • 2) Lack of fault, in the sense of the absence of bad faith is irrelevant to the existence of the wrong for an action in trespass (particularly for wrongful imprisonment) because the civil wrong concerns the denial to liberty and compensation for the denial of such liberty NOT from the presence of any moral wrongdoing or omission Ruddock v Taylor (2005) • 3) A P who shows that their imprisonment was caused by D has a prima facie case. At common law the D must then show justification for their actions Ruddock v Taylor (2005) Fault • Fault is an ESSENTIAL element in trespass: If there is no intentional, reckless or negligent act by D, therefore there is no fault, hence there is no trespass. Freak accidents give no rise to a tort McHale v Watson (1964)

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