Tort Law

Remoteness

• smart_displayReasonably foreseeable harm
• smart_displayClaimant's harm is same type as that foreseen by defendant
• smart_displayNo need to foresee the exact way damage occurs
• smart_displayNo need to foresee extent of damage

Defences

• smart_displayIntroduction to defences and consent
• smart_displayConsent (Agreed voluntarily to the risk of injury)
• smart_displayConsent (Consent in context of employment and rescue cases)
• smart_displayContributory negligence (Introduction and claimant failed to take reasonable steps for his own safety)
• smart_displayContributory negligence (Claimant failed to take reasonable steps - special considerations)
• smart_displayContributory negligence (this failure contributed to the claimant's damage)
• smart_displayIllegality (ex turpi causa non oritur actio)

Principles of remedies for personal injury and death claims

• smart_displayRemedies (Introduction and compensatory damages)
• smart_displayCompensatory damages (General damages - loss of earnings post-trial)
• smart_displayCompensatory damages (deductions from damages)
• smart_displayCompensatory damages for death

Negligence: Pure Economic Loss

• smart_displayIntroduction to pure economic loss
• smart_displayPure economic loss (economic loss caused by acquiring a defective item of property)
• smart_displayGeneral rule for pure economic loss
• smart_displayPure economic loss (exceptions to the general rule on duty of care)
• smart_displayPure economic loss (Hedley Byrne test - reasonable reliance Part 1 & 2)
• smart_displayPure economic loss (Hedley Byrne - assumption of responsibility)
• smart_displayPure economic loss (Hedley Bryne - Assumption of responsibility - Caparo test)
• smart_displayPure economic loss caused by negligent statement (Wills and references)
• smart_displayPure economic loss - defences

Claims for pure psychiatric harm

• smart_displayIntroduction to pure psychiatric harm
• smart_displayPure psychiatric harm - primary victim
• smart_displayPure psychiatric harm - secondary victim
• smart_displayPure psychiatric harm - secondary victim (Alcock criteria)
• smart_displayPure psychiatric harm - rescuers

Employers’ primary liability (operation and effect of the common law principles)

• smart_displayIntroduction to employer's primary liability
• smart_displayEmployers' primary liability (Duty to provide adequate material, i.e. equipment and machinery)
• smart_displayEmployers' primary liability (duty to provide a safe place of work)
• smart_displayEmployers' primary liability (duty to provide safe system of work with adequate supervision and instruction)
• smart_displayEmployers' primary liability - stress at work
• smart_displayRemaining elements of an employers' primary liability claim

Principles of vicarious liability

• smart_displayIntroduction to vicarious liability
• smart_displayRequirements for vicarious liability (Part 1 & 2)
• smart_displayVicarious liability (Employment relationship - relationships akin to employment)
• smart_displayVicarious liability (employee committed the tort in the course of his employment)
• smart_displayVicarious liability (within the course of employment - 'frolic cases')
• smart_displayVicarious liability (Close connection test)
• smart_displayVicarious liability (Employer's indemnity)

Occupiers’ Liability

• smart_displayLiability of occupiers towards visitors - Occupiers' Liability Act 1957
• smart_displayOccupiers' Liability Act 1957 (requirement to identify the occupier)
• smart_display'Visitor' under occupier's liability (Part 1 & 2)
• smart_displayBreach of the occupier's common duty of care: standard of care (Part 1 & 2)
• smart_displayBreach: falling below the standard of care
• smart_displayBreach of Duty - Independent Contractors
• smart_displayRemaining aspects of occupier's liability claim
• smart_displayLiability of occupiers towards trespassers
• smart_displayDuty of care owed to trespassers
• smart_displayOccupier's breach of duty towards trespasser
• smart_displayRemaining elements of claim under Occupiers' Liability Act 1984

Product liability

• smart_displayIntroduction to product liability and duty of care (manufacturer + product)
• smart_displayProduct liability under negligence - consumer + intermediate examination
• smart_displayProduct liability - remaining elements of negligence claim
• smart_displayIntroduction to Consumer Protection Act 1987 + definition of 'damage' and 'caused by'
• smart_displayDefinitions of 'defect' and 'product' under the Act
• smart_displayWho is liable under the Consumer Protection Act 1987
• smart_displayDefences under the Consumer Protection Act 1987 (Part 1 & 2)

Private Nuisance

• smart_displayIntroduction to Nuisance and private nuisance (interference & continuous act)
• smart_displayPrivate Nuisance - Damage
• smart_displayPrivate Nuisance - unlawful interference (duration & frequency and character of locality)
• smart_displayPrivate Nuisance - unlawful interference (Abnormal sensitivity)
• smart_displayPrivate Nuisance - unlawful interference (malice, excessive behaviour and public benefit)
• smart_displayWho can sue in private nuisance?
• smart_displayWho can be sued in private nuisance (Creator of nuisance and occupier)
• smart_displayWho can be sued in private nuisance (owner)
• smart_displayDefences under private nuisance (prescription and statutory authority)
• smart_displayDefences under private nuisance (Consent and contributory negligence)
• smart_displayDefences under private nuisance (Act of a third party and Acts of God and nature)
• smart_displayRemedies for private nuisance (injunction and damages)
• smart_displayRemedies for private nuisance (abatement)

Public Nuisance

• smart_displayIntroduction to public nuisance
• smart_displayPublic nuisance - class of people
• smart_displayPublic nuisance - special damage

The rule in Rylands v Fletcher

• smart_displayIntroduction to the rule in Rylands v Fletcher
• smart_displayThe case of Rylands v Fletcher and four elements to a claim
• smart_displayRylands v Fletcher - non-natural use of land
• smart_displayRylands v Fletcher - Something likely to cause mischief if it escapes
• smart_displayRylands v Fletcher - it escapes and causes foreseeable harm
• smart_displayRylands v Fletcher - Defences and remedies