Basic Concepts In Tort Law

1. Three lectures on:
Private Law:
Tort Law:
Basic Concepts and Case Studies

2. Purposes of Tort Law
Restitution
or
Redistributing losses

3. Means of Tort Law
Compensation

4. e!
slid
this
opy
t c
Do
n’ Remedies
•Special damages •Exemplary damages
•General damages •Aggravated damages
•Future damages •Punitive damages

5. Remedies
•Special damages •Punitive damages
•General damages •Exemplary damages
•Future damages
•Aggravated damages

6. intentional torts
vs.
negligence

7. prosecution
intentional
torts intentional infliction of nervous
shock
defamation (libel and slander)
trespass to land, trespass to
chattels
conversion of property
private nuisance, public
nuisance
misrepresentation, fraud
intentional interference with

8. Example of definition of a
Tort
Battery = direct, intentional, offensive or harmful contact
Elements:
1. Directness – burden of proof on Plaintiff
2. Intent – burden on Defendant
3. Offensiveness/harm – burden on P – objective test
4. Contact – burden on P
Defence:
Defence:
1. Consent – who bears the burden of proof?
See Scalera on fault (P) vs. rights (D)

9. Negligence
Liability for not acting when
you should have done something

10. Negligence
Liability for not acting when
you should have done something

11. Duty of Care
Ask: “Is there a duty of care?”
( Not: “What is the duty of care?” )

12. Test for Duty of Care
1. It is Reasonably Foreseeable that injury
will result from the action or inaction.
a) Proximity
b) Risk
c) Seriousness
2. Consider public policy reasons to limit
liability.

13. Standard of Care
Ask: “What is the standard of
care?”
( Not: “Is there a standard of care?” )

14. Standard of Care
Generally,
only a reasonable amount
of care is expected.

15. Compensation in
Negligence
•Physical injury
•Mental injury accompanying physical injury
•Mental injury alone?
•Pure economic damage
…even if they have a “thin skull”

16. Defences in Tort
These include,
•Consent
•Self−defence
•Necessity
•Truth (defence to defamation)
…and damages awarded are adjusted for
•Contributory negligence

17. Responsibility in Tort
•Vicarious liability
•Subrogation
•Strict Liability
•Occupier’s Liability

18. Case Studies

19. Smith v. Stone (1647),
82 E.R. 533 (K.B.).
[intent and volition]

20. Gilbert v. Stone (1648),
82 E.R. 539 (K.B.).
[duress]

21. Wilkinson v. Downton,
[1897] 2 Q.B. 57.
[nervous shock]

22. Ngiam Kong Seng and
Another
v. Lim Chiew Hock,
[2008] SGCA 23.
[proximity in nervous shock]

23. Scott v. Shepherd,
[1558-1774] All E.R.
296.
[directness]

24. Miska v. Sivec, (1959)
[provocation]

25. Bird v. Jones, (1845)
Herd v. Weardale Steel,
(1915)
Campbell v. SS Kresge Co.
(1976)
[false imprisonment]

26. Palsgraff v. Long Island
Railway,
1928 NY CA.
[for negligence what needs to be
foreseeable?]

27. Next class…
• Basic Criminal Law Concepts &
Theory
•Pp. 84−88 and 263−274
• Put the final exam in your calendar:
Dec 18, 2pm−5pm, in Colonel By Hall, rm B012