Summary Tort Law

TORT LAW

Protection of interests:
- Physical
- Property
- Dignitary

When do we have Tort?
 Protected Interest
 Fault
 Harm caused

Act
Breach
Causation (breach caused damage)
Damage




Three Main Components:
DUTY
BREACH
LOSS

Negligence-Based Tort

- Duty to take reasonable care
- Careless behaviour

Donoghue v Stevenson
 “Neighbour Principle” – reasonable care to avoid acts or omissions
that you can reasonably foresee would be likely to injure your
neighbour.
 “Three Stage Test” – Was there a duty of care?
- Was the duty breached?
- Has loss been suffered as a result?



Duty of Care
Three-fold test:
 Harm was reasonably foreseeable
 Parties are closely & directly affected
 Fair, just & reasonable to impose a duty
Breach
Reasonable man test:
 Would a reasonable man have acted in that manner?