Tort - Seminar 2

Choose types of tort

• negligent tort, intentional tort, non intentional tort

• Negligence, duty of care

• negligent tort, intentional tort, strict liability

• intentional tort, strict liability tort

Choose elements of Tort

• An existing duty of care, breach of that duty

• An existing duty of care, breach of that duty and damage caused by such breach.

• breach, damage

• proximity, reasonable foresight

damage which is foreseeable and therefore which the courts are prepated to compensate – they would not compensate for damage that was too remote a consequence of the Defendant`s breach

• Remoteness of damage

• Reasonable foresight

• liquidated damages

• unliquidated damages

Which is the first case that established duty of care?

Write down test established by Caparo v Dickman

Reasonable foresight

• foreseen the breach by the defendant

• predicting future

• damage which is foreseeable and therefore which the courts are prepared to compensate – they would not compensate for damage that was too remote a consequence of the D`breach

• foreseen the risk of harm to the claimant at the time he or she is alleged to have been negligent.

•means that the defendant will only be liable if the claimant would not have suffered damage ‘but for’ the defendant’s negligent act or omission. 

• causation in fact

• causation in law

• the eggshell rule

• breaking the chain of causation

•means that negligence will be established if the damage is sufficiently proximate in law to hold the defendant liable. Damage must be a foreseeable type and not too remote.

• Causation in fact

• Causation in law

• eggshell rule

• breaking the chain of causation

Where the claimant suffered from a weakness, or a pre-existing condition which aggravated the damage caused, then Defendant, will be held liable for all the damage suffered by the Claimant.

• causation in law

• causation in fact

• eggshell rule

• breach of causation

Which case established that if the risk was unknown at the time when the breach was committed, the risk was not foreseeable

• Overseas Tankship (UK) Ltd v Mort's Dock and Engineering Co Ltd

• Barnett v Chelsea & Kensington Hospital MC

• Watt  v  Hertfordshire County Council  

• Roe  v  Minister of hea