Chapter 3 - The law of torts. After reading this chapter, you should be able to do the following: Know why most legal systems have tort law, identify the three kinds of torts, show how tort law relates to criminal law and contract law, understand negligent torts and defenses to claims of negligence. | This is the prescribed textbook for your course. Available NOW at your campus bookstore! 3- Copyright © 2000 McGraw-Hill Australia The law of torts Chapter 3 Torts Unintentional Tort of negligence Intentional Torts against the person assault battery false imprisonment Torts against chattels trespass against goods conversion of goods detinue 3- Copyright © 2000 McGraw-Hill Australia Torts Intentional (continued) Torts against land trespass against land public nuisance private nuisance Tort of defamation 3- Copyright © 2000 McGraw-Hill Australia Tort A civil wrong between members of society, as opposed to a criminal wrong. It allows individuals who have suffered as a result of a tort to be compensated. 3- Copyright © 2000 McGraw-Hill Australia Tort of negligence Pre-requisites that must exist: A duty of care must be owed by one person to another. There must be a breach of that duty of care. Damages (physical or financial) must have been suffered as a result of the breach of duty. 3- Copyright © 2000 McGraw-Hill Australia Duty of care The “neighbour principle” indicates to whom a duty of care applies, based on: - foreseeability - proximity. 3- Copyright © 2000 McGraw-Hill Australia Neighbour principle “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.” “Who in law is my neighbour? “Persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as to being so affected when directing my mind to the acts or omissions which are called in question.” (Lord Atkin - Donoghue v Stevenson (1932) AC 562 at 580) 3- Copyright © 2000 McGraw-Hill Australia Foreseeability Test: Would a reasonable person foresee that damage may result from the defendant’s action? . preventable and consequently avoidable 3- Copyright © 2000 McGraw-Hill Australia Proximity There must be some relationship between the parties, namely: - . | This is the prescribed textbook for your course. Available NOW at your campus bookstore! 3- Copyright © 2000 McGraw-Hill Australia The law of torts Chapter 3 Torts Unintentional Tort of negligence Intentional Torts against the person assault battery false imprisonment Torts against chattels trespass against goods conversion of goods detinue 3- Copyright © 2000 McGraw-Hill Australia Torts Intentional (continued) Torts against land trespass against land public nuisance private nuisance Tort of defamation 3- Copyright © 2000 McGraw-Hill Australia Tort A civil wrong between members of society, as opposed to a criminal wrong. It allows individuals who have suffered as a result of a tort to be compensated. 3- Copyright © 2000 McGraw-Hill Australia Tort of negligence Pre-requisites that must exist: A duty of care must be owed by one person to another. There must be a breach of that duty of care. Damages (physical or financial) must have been suffered as a result of the .
