1. Unit 15 The Law of Torts

2. Have a look at the cartoon.
What is the main difference between a tort and a crime?
Who are the participants in a tort case / a criminal offence?
Source:

3. NOT PUNISHABLE BY THE STATE
What are TORTS?
TORT = a less serious civil wrong committed by
one citizen against another
Ø    serious enough to merit the award of compensation
to the injured party
Ø    not serious enough to amount to the breaking of the
the criminal law
CIVIL LIABILITY 
NOT PUNISHABLE BY THE STATE
Offender tortfeasor /ˈtɔː(r)tfiːzə(r) /
Action taken by the injured party

4. THE LAW OF TORTS
Read the text, p and complete the folowing definition of the law of torts.
The law of torts is an ________ of _________ or private law.
It defines ways to __________ for the ___________ suffered
and to _________ from further harmful activity.
Name the main groups of torts (p. 139):
________________________________

5. Torts affecting land Read the text, p. 140 and complete the table.
Type of tort affecting land
Examples of such a tort
Most common remedy for such a tort
(possible additional remedy)
_________ to _________
N___________________
Discuss the difference between the two types
of torts affecting land.

6. Division of torts affecting civil liberties
Trespass to
the ________
Forms:
_________
D_________
Types:
________
Explain the difference between:
battery and assault
libel and slander

7. Vocabulary work Do the exercises V – VII in your book, p. 142 - 143
Exercise VI: translate the expressions
in the sentences 1 – 8 into Croatian.

8. DEFAMATION - tarnishing the reputation of someone (making factual assertion for which you cannot provide evidence of its truth)
LIBEL
defaming somebody through
print or broadcasting
PERMANENT FORM
SLANDER
spoken defamation
TRANSITORY FORM

9. PART TWO – Defamation and Freedom of Expression
Read the introduction of the text, p. 145 and explain the aim of the
reform of libel laws in England and Wales.
Analyse the measures of the Defamation Act and
complete the table.
Aim
Who
The action
PROTECTION
scientists, academics
publish pear reviewed materials

10. LIBEL TOURISM
The act of suing a writer for alleged defamation in a foreign jurisdiction where there are weak libel laws.
The term libel tourism was coined somewhat cynically to describe 
taking advantage of the legal system of a foreign country where it is 
easier for you to file a libel lawsuit against a writer or journalist for publishing
serious criticisms of or accusations against you. 
The United Kingdom, for example, has been a favorite venue for a so-called libel tourist to sue for libel, because traditionally under British law the burden of proof rests 
with the defendant (the accused author and/or publisher), who must establish to the satisfaction of both judge and jury that the published statements 
in dispute are not defamatory.
SOURCE:

11. Do the exercises IV, V, VI and VII, pp. 146 – 147.
Explain the two key concepts TRUTH and SERIOUS HARM as defined in the Defamation Act 2013.
TRUTH
SERIOUS
HARM
imputation
financial
loss
Supply terms related to the two concepts.

12. PART THREE – NEGLIGENCE
an unreasonable breach of duty by one person to another
the failure to take reasonable care to avoid foreseeable injury to others
Example:
the modern law of negligence started with a decomposed snail contained in a drink consumed in a public bar; the manufacturer of the drink was sued by the consumer for her consequent illness (Donoghue v Stevenson, 1932)

14. Judgement delivered by Lord Atkin 26 May 1932 – neigbour principle
derived from the Christian principle of “loving your neighbour” in Luke 10
The rule that you are to love your neighbour becomes in law you must not injure your neighbour; and
the lawyer's question: Who is my neighbour? receives
a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.

15. Explanation of the “neighbour” principle
Who, then, in law, is my neighbour?
The answer seems to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question . . .

16. Elements of negligence claim
Duty of care (towards a plaintiff)
Breach of duty (on the part of the defendant)
Factual causation (between the breach and the harm)
Damage (injury or harm as a consequence of the breach)

17. A) Duty of care
a person owes a duty of care to another when the reasonable person would foresee that the other will be exposed to the risk of injury
Eg. – a driver of a vehicle owes a duty to anyone within the area of risk when moving - other road users, pedestrians, the owner of adjacent land and buildings
Read the text p. 149 and answer the following questions:
Who typically owes a duty of care?
What is the connection between a duty of care and foreseeability of harm?

18. B) Breach of duty unreasonable running a risk and harming to
the others or their property
Read the text p. 150 and explain the following concepts:
Standard of care – behaviour below the standard
Professional standard

19. C) Factual causation
factual causation – a defendant is held liable if the particular acts or omissions were the cause of the loss or damage sustained (US – proximate cause)
basic test of causation – to ask “but for, or without my breach of duty would you be harmed?” – if NO – I am liable
Read the text p. 151 and explain the following concepts:
Balance of probabilities
Contributing factor
Contributory negligence
Chain of causation – remoteness of damage

20. D) Damage
provable injury – a precondition for successful negligence suits
Damage may be:
Physical (personal injury)
Economic (pure financial loss)
Both (financial loss of earnings consequent on a personal injury)
Reputational (in a defamation case)
Emotional distress

21. Consumer protection - EU
Read the text p. 152 and explain the difference between liability in negligence cases in:
Common law
EU law

22. ESSENTIAL EXPRESSIONS
a tort against
a tort affects (land /rights)
a plaintiff/claimant
a defendant
to bring a civil action
a damage ≠ damages
negligence ≠ duty of care
nuisance (continuous disturbance)
traspass to (land/person)
false imprisonment
assault and battery
to attack reputation
to ensure effective protection
defamation laws
Slander – transitory form
libel – permanent form
a remedy, possible remedies
an injunction

23. Analysis of negligence cases
Study the medical cases p and write a short text (300 – 500 words) about the elements of the negligence claim. Name all the possible arguments that a lawyer could use: a) on behalf of the claimant b) on behalf of the defendant