Torts Notes
THE ROLE OF TORT LAW
Compensatory Function:
-Compensation for people who are injured by a wrong, injury to the person , or to the property
Torts law can be divided into trespass action on the case and statutory torts
TORT LAW REFORM
Torts law used to be judge made, similar to common law 20th century statues came in Workers Compensation scheme, Motor Accidents Scheme, Occupational Health and Safety (Factories Act), Dust Diseases Schemes. Drug Compensation Schemes (uk).
Characteristics of torts:
1. Wrongful conduct (by way of an act or omission)
2. Infringement of a person’s rights
3. An Available action for damages
LAW REFORM AFTER 2002 * RECENT push to regulate the law of negligence in relation to personal injury * INTRODUCED Civil Law (Wrongs Act 2002). Civil Liability Act 2002 (NSW) Personal Injury (Liabilities and damages) NT. * ALL OF ABOVE ^ referred to as the Civil Liabilities Acts.
INTRODUCTION TO INTENTIONAL TORTS
DIRECTNESS
Concept of directness is the first element that distinguishes trespass from action on the case.
TRESPASS = direct act or interference.
ACTION ON THE CASE: is consequential. (HUTCHINSON V MAUGHAN) – illustrates the concept of directness.
WHAT TO EXTRACT FROM THE HUTCHINSON CASE * Time –so if the act of the defendant causes immediate injury to the plaintiff then the act is trespass however if some one throws a log and another person trips –on that log than it is classified as consequential and it is “case”. (Scott v Sheperd) – the log case. * Judges ruled in Hutchins that it wasn’t trespass because the defendant’s act was consequential and not direct. It was argued by the plaintiff for action on the case under negligence and nuisance but failed.
ELEMENTS FOR TRESPASS generally 1. CONDUCT: - interference must be direct (Hutchins v Maughan) onus on Plaintiff to prove direct interference. 2. FAULT – Negligence or intentional With trespass there must be an element of fault for the
Compensatory Function:
-Compensation for people who are injured by a wrong, injury to the person , or to the property
Torts law can be divided into trespass action on the case and statutory torts
TORT LAW REFORM
Torts law used to be judge made, similar to common law 20th century statues came in Workers Compensation scheme, Motor Accidents Scheme, Occupational Health and Safety (Factories Act), Dust Diseases Schemes. Drug Compensation Schemes (uk).
Characteristics of torts:
1. Wrongful conduct (by way of an act or omission)
2. Infringement of a person’s rights
3. An Available action for damages
LAW REFORM AFTER 2002 * RECENT push to regulate the law of negligence in relation to personal injury * INTRODUCED Civil Law (Wrongs Act 2002). Civil Liability Act 2002 (NSW) Personal Injury (Liabilities and damages) NT. * ALL OF ABOVE ^ referred to as the Civil Liabilities Acts.
INTRODUCTION TO INTENTIONAL TORTS
DIRECTNESS
Concept of directness is the first element that distinguishes trespass from action on the case.
TRESPASS = direct act or interference.
ACTION ON THE CASE: is consequential. (HUTCHINSON V MAUGHAN) – illustrates the concept of directness.
WHAT TO EXTRACT FROM THE HUTCHINSON CASE * Time –so if the act of the defendant causes immediate injury to the plaintiff then the act is trespass however if some one throws a log and another person trips –on that log than it is classified as consequential and it is “case”. (Scott v Sheperd) – the log case. * Judges ruled in Hutchins that it wasn’t trespass because the defendant’s act was consequential and not direct. It was argued by the plaintiff for action on the case under negligence and nuisance but failed.
ELEMENTS FOR TRESPASS generally 1. CONDUCT: - interference must be direct (Hutchins v Maughan) onus on Plaintiff to prove direct interference. 2. FAULT – Negligence or intentional With trespass there must be an element of fault for the