book) What is a Tort? You mean a tart? Like a caramel tart? Torts are common law causes of action. A tort is a wrongdoing that results in injury to another person or damage to property. Torts differ from crimes in that crimes are punishable by the state in criminal court‚ whereas torts generally allow individuals to seek compensation for their injuries in civil court. Some acts can be both a tort and a crime. For instance‚ threatening to seriously injure someone is‚ in tort law‚ an assault;
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A civil wrong other than a breach of contract. Tort usually refers to the causing of damage to property or to a person’s reputation‚ or harm to a person’s commercial interests. Wrongful act‚ other than a breach of contract‚ that injures another and for which the law permits a civil (noncriminal) action to be brought. Relief may be obtained in the form of damages or an injunction. The term derives from Latin tortum‚ meaning something twisted‚ wrung‚ or crooked The body of the law which allows
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TORT LAW REVISION GUIDE: LLB/LLM PROGRAMME 2014 General Guidance All topics covered on the Tort module are potential examination topics. This revision guide covers only those potential examination topics deemed core areas of knowledge in tort law. All students‚ whether studying toward the LLB or LLM‚ must have full command of these core topics for any assessment in tort law. Unless these notes expressly state otherwise‚ students can expect core examination topics to appear in either essay
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Facebook.com/Thaya PK (Last minute Exam Revision) Tort: Negligence: MEDICAL Prima facie duty owed by the Hospital/Doctor to patient Cassidy v Ministry of Health (Vicariously liable) BREACH via Standard of Care Wilsher v Essex Experience irrelevant as a doctor; trainee or not‚ same standard “Bolam Test” Bolam v Friern Management Hospital Committee Expert opinion/body of professional opinion‚ vice-versa test Level of skill and competency Bolitho v City of hackney Health Authority Applied Bolam
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Grade: A University of London LLB‚ 2nd year Tort Law Question Amber Valley Primary School was closed 6 months ago by Amber Borough Council (ABC)‚ the local education authority‚ which owns all the land and buildings. The school has been standing empty while ABC attempts to find a buyer for the site. Although ABC placed fencing around the site‚ local residents reported that youths had broken into the site on a number of occasions. Last week a group of youths from a nearby young offenders
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11‚ 2011 BREACH OF CONFIDENCE: THE BASICS Bently & Sherman (3d ed)‚ 1003-1066 ***Coco v Clark [1969] RPC 41 *A-G v Guardian (No.2) [1988] 3 All ER 545 **Campbell v MGN [2004] 2 AC 457 **Douglas v Hello [2008] 1 AC 1‚ 45-50 (paras 108-28 per Lord Hoffmann)‚ 70-73 (paras 242-260‚ per Lord Nicholls)‚ 75-86 (para 272-301‚ per Lord Walker) (302-3‚ 307 per Baroness Hale)‚ 93-94 (para 319‚ paras 3239) per Lord Brown). Key Texts: Francis Gurry‚ Breach of Confidence (Oxford: Clarendon‚ 1984)
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Dan‚ Joey and Mike are teenagers out for a walk on Longmeadow Lane when they spot a bright and inviting Halloween display on the Jones’ property. Without meaning to damage anything‚ they decide to walk across the lawn to get a closer look. Unknown to them‚ there is a faulty electrical connection on one of the jack-o-lanterns. Mr. Jones had intended to repair the wiring but he didn’t get around to it before installing the display. In addition‚ there are a few groundhog holes on the front lawn that
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Who is the reasonable man? Factors considered whether he adopted necessary care? Tort of negligence = failure by Def to conform with standard of behaviour. Negligence is the omission to do something which a reasonable person guided upon those considerations which ordinarily regulate the conduct of human affairs would do or doing something which a prudent & reasonable person would not do. While a loss from an accident usually lies where it falls a defendant cannot plead accident if‚ treated
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leniently by limiting their liability in some cases. On one hand‚ the courts draw a line to mark out the bounds of duty to protect the interests of and compensate those who have suffered a loss and injury and this is also one of the major aims of tort law. In Donoghue v. Stevenson‚ the courts judged the manufacturer of the ginger beer‚ David Stevenson of Paisley owned a duty of care to Mrs Donoghue even though there was no contract between them. In Lord Aitkin’s “neighbour” principle‚ liability
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PRACTICE QUESTION FOR TORTS John worked as a car/truck mechanic for a small business in Darlinghurst Sydney. He was a newly trained mechanic and had just commenced work at a new job last week. The day he started work he was given the task of repairing a truck engine. This required John to disassemble the engine with specialised tools. Mechanics who worked on these large engines were normally given protective head gear to prevent any piece of engine striking them in the face should a piece
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