Introduction to English Law of Obligations– Law of Torts (Part 1) Dr Jan Halberda Introduction to English Law of Obligations©

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Presentation transcript:

Introduction to English Law of Obligations– Law of Torts (Part 1) Dr Jan Halberda Introduction to English Law of Obligations© Jan Halberda(UJ)

Law of Obligations Contracts Torts (Delicts) Unjust Enrichment Introduction to English Law of Obligations© Jan Halberda(UJ)

Wrongful acts Crimes Criminal court, Penal law guilty or not guily Torts – Delicts – Civil wrongs Civil court, Civil/Private law liable or not liable Introduction to English Law of Obligations© Jan Halberda(UJ)

Parties in tort Wrongdoer / Tortfeasor Victim Introduction to English Law of Obligations© Jan Halberda(UJ)

Liability in tort – essential elements Infringment of rights Fault or blame on the part of defendant Loss suffered by the plaintiff Introduction to English Law of Obligations© Jan Halberda(UJ)

Liability in tort – essential elements As a rule: Fault or blame on the part of defendant Exception: Strict liability torts – - dangerous things escaping from land (Rylands v. Fletcher ); - dangerous animals; - some statutory duties Introduction to English Law of Obligations© Jan Halberda(UJ)

Liability in tort – essential elements As a rule: Loss suffered by the plaintiff Exceptions: Torts actinable per se, ie: without proof of loss – libel, trespass to land, (-> lead only to nominal damages) Introduction to English Law of Obligations© Jan Halberda(UJ)

Liability in tort – essential elements Damage to the property Injury to the person [pain and suffering; loss of ability to pursue previous activities or interest; loss of actual or prospective earnings; medical expenses] Financial loss Introduction to English Law of Obligations© Jan Halberda(UJ)

Remoteness of damage Link between wrongful act and resulting injury. Chain of events. Reasonably foreseeable damage Ruling: Wagon Mound Case (1961) Introduction to English Law of Obligations© Jan Halberda(UJ)

Remoteness of damage Wagon Mound Case (1961) Welding: Introduction to English Law of Obligations© Jan Halberda(UJ)

Remoteness of damage Novus actus interveniens /hospital treatment of car accident victim/ Defendant must take victims as he finds them /Eggskull rule/ Ruling : R v Blaue (1975) Introduction to English Law of Obligations© Jan Halberda(UJ)

Defences Statutory authority /Noisy railway/ Inevitable accident /Electric cables damaged during excavations/ Act of God /Bridges broken after lakes burst due to rainfall/ Introduction to English Law of Obligations© Jan Halberda(UJ)

Defences Consent /spectator injured while watching motor race/ Contributory negligence /lady locked in toilet/ Introduction to English Law of Obligations© Jan Halberda(UJ)

Negligence Defendant owed plaintiff a legal duty of care. The duty was broken. Damage was suffered in consequence. Introduction to English Law of Obligations© Jan Halberda(UJ)

Duty of care Neighbour rule [any person closely affected by your conduct, and whom you should reasonably forsee might be injured by you] Donoghue v.Stevenson (1932) /snail in a bottle/ Introduction to English Law of Obligations© Jan Halberda(UJ)

Duty of care Hedley Byrne v. Heller and Partners (1963) /careless bank reference on client’s credit/ Rondel v. Worsley (1969) /public policy reasons; lawyer not liable/ Introduction to English Law of Obligations© Jan Halberda(UJ)

Breach of duty Standard of care Reasonable prudent person /Bolton v. Stone (1951)/ Onus of proof Res ipsa loquitor /planes usually do not crash/ Introduction to English Law of Obligations© Jan Halberda(UJ)