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Torts A Revision Seminar Stuart Butterworth Slide 2 Torts A Examination Issue spotting Slide 3 Torts Torts to person? Torts to goods? Torts to land? Defences? Vicarious Liability? Non-delegable duties? Slide 4 Torts A Examination Issue spotting Structure Slide 5 Torts Torts to person Torts to goods Torts to land Defences Vicarious Liability Non-delegable duties Slide 6 Torts Torts to person Battery Assault False Imprisonment Action on the case Slide 7 DefinitionPartiesAct Standing to sue? ElementsFaultDefencesRemedies Slide 8 Torts Battery A battery is a direct, intentional or negligent positive act of the defendant causing contact with the body of the plaintiff (Collins). For battery to be made out, P must prove that D made direct contact with Ps body, after which D must prove that the contact was without fault (intention, recklessness or negligence). All elements of the tort must be proved on balance of probabilities. Slide 9 Torts Battery Definition Slide 10 Torts Battery A battery is a direct, intentional or negligent positive act of the defendant causing contact with the body of the plaintiff (Collins). For battery to be made out, P must prove that D made direct contact with Ps body, after which D must prove that the contact was without fault (intention, recklessness or negligence). All elements of the tort must be proved on balance of probabilities. Slide 11 Torts Battery Definition Standing to sue? Elements: Contact Directness Knowledge? Fault Defences? Remedies? Slide 12 Torts Assault An assault is a direct threat by D which, intentionally or negligently, places P in reasonable apprehension of an imminent harmful or offensive contact with Ps person (Rixon). To establish assault P must prove the elements of the tort, after which D must prove that the contact was without fault (intention, recklessness or negligence). All elements must be proved on balance of probabilities. Slide 13 Torts Assault Definition Slide 14 Torts Assault An assault is a direct threat by D which, intentionally or negligently, places P in reasonable apprehension of an imminent harmful or offensive contact with Ps person (Rixon). To establish assault P must prove the elements of the tort, after which D must prove that the contact was without fault (intention, recklessness or negligence). All elements must be proved on balance of probabilities. Slide 15 Torts Assault Definition Standing to sue? Elements: Threat Directness Imminence Reasonable Apprehension Knowledge? Fault Defences? Remedies? Slide 16 Torts False Imprisonment False imprisonment if any intentional or negligence total, wrongful restraint of the liberty of P directly brought about by D. Slide 17 Torts False Imprisonment Definition Slide 18 Torts False Imprisonment False imprisonment if any intentional or negligence total, wrongful restraint of the liberty of P directly brought about by D. Slide 19 Torts False Imprisonment Definition Standing to sue? Elements: Total Restraint Wrongful Restraint Directness Knowledge? Fault Defences? Remedies? Slide 20 Torts Action on the case An action on the case may be brought where a wilful act or statement by D, calculated to cause harm, in facts causes harm of a legally recognisable kind to P. For an action on the case to be successful, P must prove on balance of probabilities that: 1.Ds act was calculated to cause harm. 2.Compensable harm was caused as a result of Ds act. Slide 21 Torts Action on the case Definition Slide 22 Torts Action on the case An action on the case may be brought where a wilful act or statement by D, calculated to cause harm, in facts causes harm of a legally recognisable kind to P. For an action on the case to be successful, P must prove on balance of probabilities that: 1.Ds act was calculated to cause harm. 2.Compensable harm was caused as a result of Ds act. Slide 23 Torts Action on the case Definition Standing to sue? Elements: Act Calculated to cause harm Harm in fact caused Defences? Remedies? Slide 24 Torts Torts to goods Trespass to Goods Action on the Case Conversion Detinue Slide 25 DefinitionPartiesAct Standing to sue? ElementsFaultDefencesRemedies Goods?Interest? Slide 26 Torts Good Tangible, moveable object capable of being actually possessed. Slide 27 Torts Interest Slide 28 Torts Does a bailment exist? Is there more than one bailment? What are the rights of the plaintiff? Slide 29 Torts Bailment WTF? Slide 30 Torts Bailment Fixed Term Bailment Bailment-at-will Slide 31 Torts Requirements for Bailment Goods must have been delivered to bailee for a purpose Bailee must take possession of goods Both bailor and bailee must agree to the bailment, there must be intention that the thing be delivered and received; Ashby v Tolhurst It must be intended that the thing be returned to the bailor or his agent. Slide 32 Torts Fixed Term Bailment Period of Time Until an Event Effect: - Bailor maintains ownership. Slide 33 Torts Bailment at will Terminable on demand by bailor. Effect: - Bailor has an immediate right to possession. Slide 34 Torts Interest Does a bailment exist? Is there more than one bailment? What are the rights of the plaintiff? Slide 35 Torts Interest Actual Possession Constructive Possession Immediate Right to Possession Proprietary Interest Other Interests Slide 36 Torts Trespass to Goods A trespass to goods is any voluntary act of D which intentionally or negligently results in a direct, physical interference with a good in possession of another without lawful justification. For trespass to goods to be made out, P must prove that D made direct contact with Ps goods, after which D must prove that the contact was without fault (intention, recklessness or negligence). All elements of the tort must be proved on balance of probabilities. Slide 37 Torts Trespass to Goods Definition Slide 38 Torts Trespass to Goods False imprisonment if any intentional or negligence total, wrongful restraint of the liberty of P directly brought about by D. Slide 39 Torts Trespass to goods Definition Standing to sue? Elements: Direct Act Interference Fault Defences? Remedies? Slide 40 Torts Conversion A conversion is an act of wilful interference with any chattel in a manner inconsistent with the right of the person entitled to it, whereby that other is deprived of the use and possession of it. Slide 41 Torts Conversion Definition Slide 42 Torts Conversion A conversion is an act of wilful interference with any chattel in a manner inconsistent with the right of the person entitled to it, whereby that other is deprived of the use and possession of it. Slide 43 Torts Conversion Definition Standing to sue? Elements: Conversionary Conduct Fault Actual Intention Imputed Intention Defences? Remedies? Slide 44 Torts Detinue An action in detinue may be maintained where D refuses or is unable to return goods of which he has or had actual or constructive possession upon the making of a proper demand by P. Slide 45 Torts Detinue Definition Slide 46 Torts Detinue An action in detinue may be maintained where D refuses or is unable to return goods of which he has or had actual or constructive possession upon the making of a proper demand by P. Slide 47 Torts Detinue Definition Standing to sue? Elements: Delivery Proper Demand Categorical Refusal Fault Fault of another D exercised reasonable care Defences? Remedies? Slide 48 Torts Action on the case An action on the case may be brought by any person with a proprietary interest in a good which has been the subject of intentional or negligent permanent damage, disposal or destruction. Slide 49 Torts Action on the case Definition Slide 50 Torts Action on the case An action on the case may be brought by any person with a proprietary interest in a good which has been the subject of intentional or negligent permanent damage, disposal or destruction. Slide 51 Torts Action on the case Definition Standing to sue? Elements: Damage Wrongful Act Fault Defences? Remedies? Slide 52 Torts Torts to land Trespass to land Private Nuisance Slide 53 DefinitionPartiesAct Standing to sue? ElementsFaultDefencesRemedies Land?Interest? Slide 54 Torts Trespass to land A trespass to land is any voluntary act of D which intentionally or negligently results in an interference with Ps exclusive right to possession of land. Slide 55 Torts Trespass to land Definition Slide 56 Torts Trespass to land A trespass to land is any voluntary act of D which intentionally or negligently results in an interference with Ps exclusive right to possession of land. Slide 57 Torts Trespass to land Definition Standing to sue? Elements: Direct Act Interference Fault Defences? Remedies? Slide 58 DefinitionPartiesAct Standing to sue? ElementsDefencesRemedies Land?Interest? Slide 59 Torts Private nuisance A private nuisance is an unreasonable interference with the use and enjoyment of land. Slide 60 Torts Private nuisance Definition Slide 61 Torts Private nuisance A private nuisance is an unreasonable interference with the use and enjoyment of land. Slide 62 Torts Trespass to land Definition Standing to sue? Elements: Interference Unreasonableness Physical damage (always unreasonable) Sensible personal discomfort (may be unreasonable) Persons legally responsible Fault Defences? Remedies? Slide 63 Torts A Examination Issue spotting Structure Facts Slide 64 Torts A Examination Issue spotting Structure Facts Time Slide 65 High Distinction? Draw analogies Use facts Use of law Identify weaknesses Argue for P and D