Tort Law Essays
The law of tort is a popular module for law students, but it is also a difficult one. Most problem questions require you to divide the facts so they fall under the various elements required to establish liability for tort - looking at the duty of care, breach of duty, loss and causation.
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Popular Tort Law Cases
Below we have listed some of the most popular tort law cases that are searched for and used, by our Australian law customers on our website.
Collins v Wilcock
Two police officers on duty in a police car observed two women in the street who appeared to be soliciting for the purpose of prostitution. One of the women was known to the police as a prostitute but the other, the appellant, was not a known prostitute. When the police officers requested the appellant to get into the car for questioning she refused to do so and instead walked away from the car. Read more...
League Against Cruel Sports v Scott
A negligent entry is possible and was considered in League Against Cruel Sports v Scott. The Ps owned 23 unfenced areas of land. Staghounds used to enter the land in pursuit of deer. The Ps sued the joint Masters of the Hounds for damages and sought an injunction against further trespasses. Read more...
Stephens v Myers (Trespass to person case)
The claimant must have reasonably expected an immediate battery. Thus in Stephens v Myers (1830) 172 ER 735, the defendant made a violent gesture at the plaintiff by waiving a clenched fist, but was prevented from reaching him by the intervention of third parties. The defendant was liable for assault. Read more...
Meering v Graham-White Aviation Co Ltd
A private prosecutor not having the privilege that a police constable possesses of imprisoning a person on mere suspicion that a felony has been committed, false imprisonment results, if the person is detained by the private prosecutor. Arrest, however by a police constable which follows the placing of the case in his hands to do his duty is not an arrest by a private prosecutor, but is an arrest by the police constable. Read more...
Rylands v Fletcher
In Rylands v Fletcher (1868) LR 3 HL 330, the defendants employed independent contractors to construct a reservoir on their land. The contractors found disused mines when digging but failed to seal them properly. They filled the reservoir with water. As a result, water flooded through the mineshafts into the plaintiff's mines on the adjoining property. The plaintiff secured a verdict at Liverpool Assizes. Read more...
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Tort Law Essays
As well as proving that the defendant's breach of duty factually caused the damage or loss suffered by the claimant, the claimant must prove that the loss was not too remote from the defendant's breach. The current test for remoteness was laid down in the case of The Wagon Mound No 2 , which established that so long as a type of damage is foreseeable, it will not be too remote, even if the chances of it happening were slim.
Tort Law Lecture Notes
An assault is an act which intentionally causes another person to apprehend the infliction of immediate, unlawful, force on his person.
It was said in R v Meade and Belt (1823) 1 Lew CC 184, that 'no words or singing are equivalent to an assault'. However, the House of Lords have more recently stated that an assault can be committed by the Court of Appeal in R v Constanza [1997] Crim LR 576.
Tort Law Acts
1. Apportionment of liability in case of contributory negligence.
(1) Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility of the damage: