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Torts Notes

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Notes on Torts law including breakdown of elements of each class of torts and defences to torts.

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37 Pages Complete Study Notes < 1 Year old
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Topics this document covers:
Tort law Law Common law Trespass Tort Intentional tort Assault Consent Volenti non fit injuria Standard of care Negligence Omission
This is a Complete Set of Study Notes

Complete Study Notes typically cover at least half a semester’s content or several topics in greater depth. They are typically greater than 20 pages in length and go into more detail when covering topics.

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Topics this document covers:
Tort law Law Common law Trespass Tort Intentional tort Assault Consent Volenti non fit injuria Standard of care Negligence Omission
Sample Text:
Davies & Malkin, Torts, p 548 Therefore the elements of assault are: 1. Direct threat 2. Causes the plaintiff to reasonably apprehend 3. Some imminent contact 4. With his/her person 1. DIRECT THREAT ➢ Direct means that intention is needed. Intention discussed in the following cases: Tuberville v Savage Case Facts: Savage stated that “if it were not assize – time, I would not take such language from you.’ The court held that there was no intention to assault as the Judges were in town. Held: ‘If one strikes another upon the hand, arm or breast in discourse, then there is no assault, there being no intention to assault; but if one intending to assault strikes another and misses him, this is an assault. INTENTION OF ASSAULT NEEDED: Rixon v Star City ‘Proof of assault requires proof of an inte...
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