Tort Law Newest All Questions And Correct Answers
100% Verified Latest Update
Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] QB 479 - ANSWER D was a
business which used aircraft to take aerial photographs of people's homes without their
permission. D then offered to sell those photographs to the homeowners. Liable to the
homeowners in the tort of trespass to land? Held: The rights of an owner in the air space
above his land are restricted to such height as is necessary for the ordinary use and
enjoyment of his land.
Adams v Ursell [1913] 1 Ch 269 - ANSWER A fish and chip shop was responsible for the
smell of deep fried food in a residential street. Neighbour claimed the tort of nuisance to
have it closed down. Held: the interests of ordinary residents trumped those of the
owner of the business and its customers.
Nettleship v Weston [1971] 2 QB 691 - ANSWER A learner driver crashed into a lamp
post injuring the only passenger, a family friend, who was teaching her to drive. The
passenger had control of the gearstick and handbrake and the learner driver was
steering the car. Passenger sued the learner driver in the tort of negligence. For
reasons of consistence and clarity all road users must adhere to the same standard of
care irrespective of driving experience, so learner driving found liable in the tort of
negligence. Policy consideration: insurance is compulsory for all motorist, so
compensation is available for the passenger.
M'Alister (or Donoghue) v Stevenson [1932] AC 562 (HL) - ANSWER the concept of a
duty of care was extended in a way which addressed the development of (then) modern
packaging and distribution methods for consumer goods. Before that the courts had not
recognised that a duty to take reasonable care in the manufacturing of products could
extend beyond contractual relationships.
slander - ANSWER There is a need to prove damage; the protected interest is that of
reputation; and the wrongdoing consists of spoken words or gestures which are
defamatory (i.e. untrue and with the effect of lowering the reputation of the victim)
,Product liability under the Consumer Protection Act 1987 - ANSWER This is a statutory
tort; there is a need to prove damage; the protected interests are personal: death and
personal injury and property: damage to property; the liability is strict and the
wrongdoing concerns a defective product.
assault - ANSWER There is no need to prove damage; the tort makes someone be put in
fear of immediate physical harm (actual physical harm is another tort); and the
protected interest is that of bodily integrity.
Action for harassment under the Protection from Harassment Act 1997. - ANSWER This
is a statutory tort; there is no need to prove damage; and the standard of liability is
constructive knowledge of harassment.
the traditional 'legal formulae' approach, - ANSWER the requirements of different torts
are applied to case facts.
'correlative analysis' - ANSWER Peter Cane: the relationship between the victim of the
tortious conduct and the perpetrator or injurer: aim is to understand and explain the law
of tort as a system of ethical principles of personal responsibility or, in other words, a
system of precepts about how people may, ought and ought not to behave in their
dealings with others.
Strict liability torts - ANSWER Do not require a claimant to prove a tortfeasor was at
fault. Strict liability is a concept premised upon the idea that the public as a whole
benefits when liability is imposed upon one who engaged in certain activities which
resulted in injury to another party, even though such activity was performed in the most
non-negligent manner possible. Examples: the action in Rylands v Fletcher, publication
of private information and images, product liability under the Consumer Protection Act
1987, breach of statutory duty,
conversion.
Rylands v Fletcher (1868) LR 3 HL 330 - ANSWER Person who, for own purposes, brings
onto land/collects and keeps there, anything likely to do mischief if it escapes, keeps it
at his peril and is answerable for all damages arising i.e. natural consequences of its
escape
, tortfeasor - ANSWER A person who commits a tort, the legal or natural person whose
fault has caused the tort and when an action is brought, is often the defendant.
vicariously liable - ANSWER A principal is legally responsible for the actions of his or her
agent if the agent is acting within the scope of his or her employment- that is, doing what
the principal has directed the agent to do. Employers are vicariously liable for the
tortious acts of their employees or agents and insurance companies are vicariously
liable for the tortious acts of those they insure (s4 Third Parties (Rights against Insurers)
Act 1930 or 2010).
defendant, (Scotland) defender - ANSWER an individual or group being sued or charged
with a crime
plaintiff (before 1999), claimant, pursuer (Scotland) - ANSWER A person or party filing a
lawsuit
tort, delict (Scotland) - ANSWER A civil wrong / wrongful act or an infringement of a right
(other than under contract) that causes another person to suffer loss or harm resulting
in legal liability for the person who committed the tortious act, called a tortfeasor.
Judicature Acts of 1873 and 1875 - ANSWER Abolished writ of trespass and writ of
trespass on the case
Reynolds v Clarke (1725) 1 Str 634 - ANSWER lays down the difference between a wrong
occasioned by a direct and violent act (trespass) and a wrong occasioned as a result of
an act (trespass on the case)
tortious liability - ANSWER emanates from breach of duty fixed primarily by law; this
duty is owed to persons generally and its breach is redressible by an action for
unliquidated damages.
Assault - ANSWER An intentional or reckless act that causes a person to be put in fear
of immediate physical harm. Actual physical contact is not necessary
100% Verified Latest Update
Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] QB 479 - ANSWER D was a
business which used aircraft to take aerial photographs of people's homes without their
permission. D then offered to sell those photographs to the homeowners. Liable to the
homeowners in the tort of trespass to land? Held: The rights of an owner in the air space
above his land are restricted to such height as is necessary for the ordinary use and
enjoyment of his land.
Adams v Ursell [1913] 1 Ch 269 - ANSWER A fish and chip shop was responsible for the
smell of deep fried food in a residential street. Neighbour claimed the tort of nuisance to
have it closed down. Held: the interests of ordinary residents trumped those of the
owner of the business and its customers.
Nettleship v Weston [1971] 2 QB 691 - ANSWER A learner driver crashed into a lamp
post injuring the only passenger, a family friend, who was teaching her to drive. The
passenger had control of the gearstick and handbrake and the learner driver was
steering the car. Passenger sued the learner driver in the tort of negligence. For
reasons of consistence and clarity all road users must adhere to the same standard of
care irrespective of driving experience, so learner driving found liable in the tort of
negligence. Policy consideration: insurance is compulsory for all motorist, so
compensation is available for the passenger.
M'Alister (or Donoghue) v Stevenson [1932] AC 562 (HL) - ANSWER the concept of a
duty of care was extended in a way which addressed the development of (then) modern
packaging and distribution methods for consumer goods. Before that the courts had not
recognised that a duty to take reasonable care in the manufacturing of products could
extend beyond contractual relationships.
slander - ANSWER There is a need to prove damage; the protected interest is that of
reputation; and the wrongdoing consists of spoken words or gestures which are
defamatory (i.e. untrue and with the effect of lowering the reputation of the victim)
,Product liability under the Consumer Protection Act 1987 - ANSWER This is a statutory
tort; there is a need to prove damage; the protected interests are personal: death and
personal injury and property: damage to property; the liability is strict and the
wrongdoing concerns a defective product.
assault - ANSWER There is no need to prove damage; the tort makes someone be put in
fear of immediate physical harm (actual physical harm is another tort); and the
protected interest is that of bodily integrity.
Action for harassment under the Protection from Harassment Act 1997. - ANSWER This
is a statutory tort; there is no need to prove damage; and the standard of liability is
constructive knowledge of harassment.
the traditional 'legal formulae' approach, - ANSWER the requirements of different torts
are applied to case facts.
'correlative analysis' - ANSWER Peter Cane: the relationship between the victim of the
tortious conduct and the perpetrator or injurer: aim is to understand and explain the law
of tort as a system of ethical principles of personal responsibility or, in other words, a
system of precepts about how people may, ought and ought not to behave in their
dealings with others.
Strict liability torts - ANSWER Do not require a claimant to prove a tortfeasor was at
fault. Strict liability is a concept premised upon the idea that the public as a whole
benefits when liability is imposed upon one who engaged in certain activities which
resulted in injury to another party, even though such activity was performed in the most
non-negligent manner possible. Examples: the action in Rylands v Fletcher, publication
of private information and images, product liability under the Consumer Protection Act
1987, breach of statutory duty,
conversion.
Rylands v Fletcher (1868) LR 3 HL 330 - ANSWER Person who, for own purposes, brings
onto land/collects and keeps there, anything likely to do mischief if it escapes, keeps it
at his peril and is answerable for all damages arising i.e. natural consequences of its
escape
, tortfeasor - ANSWER A person who commits a tort, the legal or natural person whose
fault has caused the tort and when an action is brought, is often the defendant.
vicariously liable - ANSWER A principal is legally responsible for the actions of his or her
agent if the agent is acting within the scope of his or her employment- that is, doing what
the principal has directed the agent to do. Employers are vicariously liable for the
tortious acts of their employees or agents and insurance companies are vicariously
liable for the tortious acts of those they insure (s4 Third Parties (Rights against Insurers)
Act 1930 or 2010).
defendant, (Scotland) defender - ANSWER an individual or group being sued or charged
with a crime
plaintiff (before 1999), claimant, pursuer (Scotland) - ANSWER A person or party filing a
lawsuit
tort, delict (Scotland) - ANSWER A civil wrong / wrongful act or an infringement of a right
(other than under contract) that causes another person to suffer loss or harm resulting
in legal liability for the person who committed the tortious act, called a tortfeasor.
Judicature Acts of 1873 and 1875 - ANSWER Abolished writ of trespass and writ of
trespass on the case
Reynolds v Clarke (1725) 1 Str 634 - ANSWER lays down the difference between a wrong
occasioned by a direct and violent act (trespass) and a wrong occasioned as a result of
an act (trespass on the case)
tortious liability - ANSWER emanates from breach of duty fixed primarily by law; this
duty is owed to persons generally and its breach is redressible by an action for
unliquidated damages.
Assault - ANSWER An intentional or reckless act that causes a person to be put in fear
of immediate physical harm. Actual physical contact is not necessary
