Samuel

LWB138 Fundamentals of Torts
Notes and Outline (ISAACS)
Semester 1, 2008
Matthew Robinson

Table of Contents
Week 1: Introduction to Torts and Causes of Action 3
Purpose of the Law of torts 3
What is a Tort? 3
The Development of Torts 3
The Role of Torts 3
Insurance 4
Persons able to sue and be sued 4
Classifications of Causes of Actions 4
Trespass Actions 4
Actions on the case 5
Options between trespass and action on the case 5
Trespass to person 6
Battery 6
Assault 7
Defences to Battery and Assault 8
False imprisonment 8
Remedies for Trespass to person 10
Time Limitations 10
Trespass to land 11
Trespass to land 11
Right to Privacy 13
Trespass to personal Property 14
Trespass to chattels 14
Conversion 15
Detinue 16
Defences to Trespass 17
Consent {Look also at the individual actions} 17
Necessity 18
Self Defence and defence to others 18
Provocation 18
Negligence 19
Process 19
(1) Duty of Care 20
Defective Products causing Physical Damage (Manufacturer to User) 20
Occupiers Liability for Personal Injury 21
Employers to Employees 22
Road User 22
Parent’s duty to protect 3rd parties from their children 22
School Authorities 23
Prison Authorities 23
Medical Profession 23
Rescuer 23
Legal & Other Professionals 23
(2) Breach of Duty 25
(2.1) Standard of Care 25
(2.2) Breach of standard of care 28
(3) Damage 32
(3.1) Is the damage recognised by law 32
(3.2) Causation in fact 33
(3.3) Scope of Liability / Causation at law / Remoteness 34
(4) Multiple Tortfeasors 36
Joint Concurrent Tortfeasors 36
Several Concurrent Tortfeasors 36
Apportionment 36
(5) Defences 37
Contributory Negligence 37
Dangerous Recreational Activity 39
No proactive duty to warn of an obvious risk 40
Inherent Risk 40
Volenti Non Fit Injuria (Voluntary Assumption of Risk) 40
Illegality 41
Workers Compensation 43
(1) Compensation entitlement / general rule 43
(2) Is the person a worker? 43
(3) Did they suffer an injury? 43
(4)