Torts in A Nutshell
Torts in A Nutshell
Torts in A Nutshell
by
Constituents of Tort
There must be a wrongful act committed by a person. The wrongful act must give rise to a legal damage or actual damage. The wrongful act must be of such nature as to give rise to a legal remedy in the form of an action for damages.
Tort:
Contracts should be watertight to provide complete framework for liability between the parties. Tortious liability would therefore be limited to the category of liability to a third party. Badly drafted contracts can open tortious liability between the parties, since there can be concurrent liability under both tort and contract.
Tort
Types of Tortious actions :
Negligence Nuisance Trespass
NEGLIGENCE
Breach of legal duty to take care which results in damage. Three constituents: (i) legal duty to take care on part of a party to the injured party, within the scope of duty of the said party, (ii) breach of this duty to take care and (iii) consequential damage. Existence of legal duty to take care is determined on basis of general principle of proximity and foreseeability. Established in case of Donoghue v. Stevenson [1932 AC 562(HL)].
omissions which you can reasonably foresee would likely to injure your neighbor. Who then in law is my neighbor?persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.
Owners duty to ensure that the premises are safe can be discharged by appointment of competent persons to undertake the task of doing so.
Trespass equally includes a violation of the air space above the another persons land, at a height which would interfere with any use of his land.
MEASURE OF DAMAGES
Determined on facts and circumstances- burden of proof on injured party. Compensatory Damages which, so far as money can compensate, will give the injured party reparation for the wrongful act Pecuniary loss: Actual expenses, loss of earnings Non-pecuniary losses, e.g., pain & suffering. Damages for Nervous Shock Nominal Damages awarded where no substantial harm caused. Action to establish a legal right. Exemplary Damages to deter a party from similar conduct.