Tort Law Lecture Notes

Introduction to Tort Law

Definition: A collection of legal rules/ideas to protect against harm and vindicate rights.
Most famous tort: Negligence.
Case study: Nettleship v. Weston (1971) – examines the standard of care required from a learner driver to others both inside and outside the vehicle.

Imaginary Scenario: Someone bumps into you, causing damage. What legal options do you have?
Tort law’s focus is on civil obligations (non-criminal). Compared with:
- Contract Law: Involves entering obligations to advance personal interests.
- Criminal Law: Involves the state dealing with offenses against individuals.
- Unjust Enrichment: Recovering money or benefits obtained unjustly, without any wrongdoing.
Tort Law's Aim: Provides compensation and vindicates legal rights.

Duty of Care: The responsibility to avoid causing harm to others.
Factors Involved: Simply because someone causes damage does not automatically mean they should pay. Examples include:
- If the person was pushed into you.
- If you suddenly stepped out in front of them.
- If they slipped on an unseen slippery surface.
- Ownership of the shopping at the time of damage.
Fault: Key determinant in determining liability.
- Tort of Defamation: Saying bad things about someone.
- Tort of Battery: Physically harming someone.
- Tort of Assault: Making someone fear physical harm.

Police liability for not catching criminals quickly enough.
Reasonable Person Standard: Actions judged by what a reasonable person would do in the same situation.
- Learned Hand Formula: U.S. judge Leonard Hand’s rational approach weighing probability, severity of harm, and cost of precautions.
Outcome: Failure to take reasonable care causing recognized damage is termed negligence.