Common law torts Tort of negligence (3 years – period of prescription) Nuisance: private and public nuisance Slander and libel (defamation) Transpass to land and to the person (6 years – period of prescription) Sometimes boundries are not clear: Letang v Cooper dr R. Strugała WPAiE

Trespass to land Unjustifiable interference with one's possession of a real property (setting foot on someone’s land, throwing smth onto it) Interference must be direct (direct physical interference) It is not necessary to prove that harm was suffered to bring a claim, actionable per se. While most trespasses to land are intentional, British courts have held liability holds for trespass committed negligently. Airspace: the rights of landowners over airspace (Bernstein of Leigh v Skyviews & General Ltd); objects hovering above a person's property, though attached to the ground, may constitute trespass (Kelsen v Imperial Tobacco Co)Bernstein of Leigh v Skyviews & General LtdKelsen v Imperial Tobacco Co dr R. Strugała WPAiE

Trespass to land Defenses to trespass to land: license, justification by law, necessity License: express or implied permission, given by the possessor of land, to be on that land (once revoked, a license-holder becomes a trespasser if they remain on the land) Justification by law: statutory authority permitting a person to go onto land (e.g. police) Necessity: in Esso Petroleum Co v Southport Corporation the captain of a ship committed trespass by allowing oil to flood a shoreline. This was necessary to protect his ship and crew. Necessity does not, however, permit a defendant to enter another's property when alternative, though less attractive, courses of action exist.Esso Petroleum Co v Southport Corporation Remedies: injunction, damages (lost profit) dr R. Strugała WPAiE

Trespass to goods Physical interference with one's goods that are in possession of another without lawful justification. Remedy: injunction, damages Trivial interference is not actionable Strict liability It is not necessary to prove that harm was suffered to bring a claim, actionable per se. Not clear Convertion – no direct physical infridgment (founded on property as opposed to the possesion) dr R. Strugała WPAiE

Nuisance Nuisances either affect private individuals (private nuisance) or the general public (public nuisance). Private nuisance: interference with enjoyment of pliantiff’s land or premises (right to use someone else’s land or premises), activities which are harmful or annoying (smell, noise, smoke) Public nuisance: annoyance the general public - widespread effects, a lot of people affected (e.g. failing to repair highway, selling food unfit for consumption), „special damage” needed (e.g. a person outside the building injured because of the collapsing building), personal injuries dr R. Strugała WPAiE

Private nuisance Private nuisance: What kind of interference? Unreasonable use of tortfeaor’s land: continuing state of affairs or repetition of annoying activities (the so called „locality”, oversensitive plaintiff) Who (what) is protected? Protection of property rights or other rihts to use a land or premises Strict liability, reasonable care is no defence Harm must be foreseeable Remedies: injunction, damages Types of damage covered: loss (diminuition) of the utility, material damage, loss of amenity, lost profit; personal injuries not covered dr R. Strugała WPAiE

Trespass to the person Interfirence with a person’s body or liberty. Mostly intentional and actionable per se Assault and battery Defamation, two varieties: slander and libel. Slander: spoken defamation Libel: printed or broadcast defamation False imprisonment Malicious prosecution Breach of confidence dr R. Strugała WPAiE

Trespass to the person Defamation, two varieties: slander and libel. Slander: spoken defamation Libel: printed or broadcast defamation Assault and battery dr R. Strugała WPAiE

Battery and assault Assault is an act that creates an apprehension in another of an imminent harmful, or offensive contact (of a battery). The act consists of a threat of harm accompanied by an apparent, present ability to carry out the threat. Battery is an actual contact - a harmful or offensive touching of another. Intention of a tortfeasor is needed Harmful consequences are not needed (tort actionable per se) Unlawful contact (e.g. jostling in the tube is not covered), a real threat (assault); positive act (movement vs threatening words) dr R. Strugała WPAiE

Battery and assault: defenses Self-defense In order to establish self-defense, an accused must generally show: a threat of unlawful force or harm against them; a real, honest perceived fear of harm to themselves (there must be a reasonable basis for this perceived fear); no harm or provocation on their part; and there was no reasonable chance of retreating or escaping the situation. The force used in self-defense must be reasonable when compared to the threat posed by the victim. The limitations that apply to self-defense apply similarly to defending others, and the accused must have had reasonable grounds for their perceived fear in order to establish this defense. dr R. Strugała WPAiE

Battery and assault: defenses Consent as a defense to an assault/battery. If an individual has consented voluntarily to a particular act, then that same act generally cannot be asserted to constitute an assault and battery. But if the extent of the act exceeds the permission provided, it can still provide grounds for assault and battery charges. Medical necessity dr R. Strugała WPAiE

Defamation Slander: spoken (audible) defamation Libel: printed (visible) defamation Test: Estimation of right-thinking members of society generally Strict liability (Artemus Jones case, „negative checking”) Defense: privilege for statements made i Parliament, justification (facts), fair comment (fair comment), qualified privilege (journalists) dr R. Strugała WPAiE