Torts A Revision Seminar Stuart Butterworth

Torts A Examination Issue spotting

Torts ◦ Torts to person? ◦ Torts to goods? ◦ Torts to land? ◦ Defences? ◦ Vicarious Liability? ◦ Non-delegable duties?

Torts A Examination Issue spotting Structure

Torts Torts to person Torts to goods Torts to land Defences Vicarious Liability Non-delegable duties

Torts Torts to person ◦ Battery ◦ Assault ◦ False Imprisonment ◦ Action on the case

DefinitionPartiesAct Standing to sue? ElementsFaultDefencesRemedies

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 P’s 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.

Torts Battery ◦ Definition

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 P’s 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.

Torts Battery ◦ Definition ◦ Standing to sue? ◦ Elements:  Contact  Directness  Knowledge? ◦ Fault ◦ Defences? ◦ Remedies?

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 P’s 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.

Torts Assault ◦ Definition

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 P’s 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.

Torts Assault ◦ Definition ◦ Standing to sue? ◦ Elements:  Threat  Directness  Imminence  Reasonable Apprehension  Knowledge? ◦ Fault ◦ Defences? ◦ Remedies?

Torts False Imprisonment False imprisonment if any intentional or negligence total, wrongful restraint of the liberty of P directly brought about by D.

Torts False Imprisonment ◦ Definition

Torts False Imprisonment False imprisonment if any intentional or negligence total, wrongful restraint of the liberty of P directly brought about by D.

Torts False Imprisonment ◦ Definition ◦ Standing to sue? ◦ Elements:  Total Restraint  Wrongful Restraint  Directness  Knowledge? ◦ Fault ◦ Defences? ◦ Remedies?

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.D’s act was calculated to cause harm. 2.Compensable harm was caused as a result of D’s act.

Torts Action on the case ◦ Definition

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.D’s act was calculated to cause harm. 2.Compensable harm was caused as a result of D’s act.

Torts Action on the case ◦ Definition ◦ Standing to sue? ◦ Elements:  Act  Calculated to cause harm  Harm in fact caused ◦ Defences? ◦ Remedies?

Torts Torts to goods ◦ Trespass to Goods ◦ Action on the Case ◦ Conversion ◦ Detinue

DefinitionPartiesAct Standing to sue? ElementsFaultDefencesRemedies Goods?Interest?

Torts Good “Tangible, moveable object capable of being actually possessed.”

Torts Interest

Torts ◦ Does a bailment exist?  Is there more than one bailment? ◦ What are the rights of the plaintiff?

Torts Bailment WTF?

Torts Bailment ◦ Fixed Term Bailment ◦ Bailment-at-will

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.

Torts Fixed Term Bailment ◦ Period of Time ◦ Until an Event Effect: - Bailor maintains ownership.

Torts Bailment at will ◦ Terminable on demand by bailor. Effect: - Bailor has an immediate right to possession.

Torts Interest ◦ Does a bailment exist?  Is there more than one bailment? ◦ What are the rights of the plaintiff?

Torts Interest ◦ Actual Possession ◦ Constructive Possession ◦ Immediate Right to Possession ◦ Proprietary Interest ◦ Other Interests

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 P’s 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.

Torts Trespass to Goods ◦ Definition

Torts Trespass to Goods False imprisonment if any intentional or negligence total, wrongful restraint of the liberty of P directly brought about by D.

Torts Trespass to goods ◦ Definition ◦ Standing to sue? ◦ Elements:  Direct Act  Interference ◦ Fault ◦ Defences? ◦ Remedies?

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.

Torts Conversion ◦ Definition

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.

Torts Conversion ◦ Definition ◦ Standing to sue? ◦ Elements:  Conversionary Conduct ◦ Fault  Actual Intention  Imputed Intention ◦ Defences? ◦ Remedies?

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.

Torts Detinue ◦ Definition

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.

Torts Detinue ◦ Definition ◦ Standing to sue? ◦ Elements:  Delivery  Proper Demand  Categorical Refusal ◦ Fault  Fault of another  D exercised reasonable care ◦ Defences? ◦ Remedies?

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.

Torts Action on the case ◦ Definition

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.

Torts Action on the case ◦ Definition ◦ Standing to sue? ◦ Elements:  Damage  Wrongful Act ◦ Fault ◦ Defences? ◦ Remedies?

Torts Torts to land ◦ Trespass to land ◦ Private Nuisance

DefinitionPartiesAct Standing to sue? ElementsFaultDefencesRemedies Land?Interest?

Torts Trespass to land A trespass to land is any voluntary act of D which intentionally or negligently results in an interference with P’s exclusive right to possession of land.

Torts Trespass to land ◦ Definition

Torts Trespass to land A trespass to land is any voluntary act of D which intentionally or negligently results in an interference with P’s exclusive right to possession of land.

Torts Trespass to land ◦ Definition ◦ Standing to sue? ◦ Elements:  Direct Act  Interference ◦ Fault ◦ Defences? ◦ Remedies?

DefinitionPartiesAct Standing to sue? ElementsDefencesRemedies Land?Interest?

Torts Private nuisance A private nuisance is an unreasonable interference with the use and enjoyment of land.

Torts Private nuisance ◦ Definition

Torts Private nuisance A private nuisance is an unreasonable interference with the use and enjoyment of land.

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?

Torts A Examination Issue spotting Structure Facts

Torts A Examination Issue spotting Structure Facts Time

High Distinction? Draw analogies Use facts Use of law Identify weaknesses Argue for P and D