●    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 their 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 the Consumer Protection Act (CPA) 1987.