Chapter 6 Key facts checklists

Chapter 6 Key facts checklists

Law of torts
  • It is important to recognize the differences between contractual and tortious liability. Contractual liability involves a voluntary undertaking of obligations whilst tortious liability involves obligations that may be imposed by law.
  • A party must take reasonable care not to negligently cause harm.
  • Negligence involves a breach of a duty to take care, owed in law by the defendant to the claimant, causing the claimant damage/loss.
  • Not all claimants have to demonstrate loss/damage. Claims under trespass, for example, will often involve the award of nominal damages where no ‘harm’ has been sustained.
  • Common defences to torts are illegality, consent, contributory negligence, and necessity.
  • Private nuisance involves unlawful interference with another person’s enjoyment of his/ her land/property which causes the claimant loss (and the loss/damage was reasonably foreseeable).
  • When products cause injury/loss, rather than attempting to claim negligence, a claimant may seek protection through theĀ Consumer Protection Act (CPA) 1987.
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