the law of tort

THE LAW OF TORTS

TORTIOUS LIABILITY arises from a duty primarily fixed by law

THIS DUTY is owed to persons generally

BREACH OF THIS DUTY is compensated by an award of unliquidated damages

Nominate torts: as per Winfield & Jolowicz

1. Trespass to the person:

1. Trespass to the person:
that is, causing intentional physical harm to the person
n assault - to attempt or offer to apply unlawful force to a person
n battery - to unlawfully bring material objects into contact with a person
n false imprisonment - infliction of unauthorised restraint

2. Negligence

2. Negligence
n is a breach by D of a legal duty owed to P to take care which results in actionable damage suffered by P
n probably most important tort in business contexts

Negligence (cont)
n Donoghue v. Stevenson [1932] AC 562 (HL) finally established by a majority of three to two that apart from contract, apart from any special rule about dangerous chattels (see below), there...