Law of Torts - Lecture Notes

Overview

• Focus on the law of torts, specifically obligations outside of contractual agreements.
• Initial focus is on Negligence: Duty of care and breach of duty.
• Subsequent focus on Causation and Damages.
• Tort law involves civil wrongs, not criminal.

Definition of Tort

• Breach of legal duty owed independent of contract.
• Action for unliquidated damages.
• Distinct from criminal law; torts are not enforced by police.
• Civil actions can be brought against tortfeasors.

Negligence

• Breach of legal duty to take care resulting in damage.
• Compensation for loss due to lack of duty of care by a third party.
• Deterrence for professionals (e.g., doctors) to act with duty.
• Apportioning blame, distribution of losses, occasional punishment.
• No punitive damages in the UK like in the US.

Bringing a Claim in Negligence

1. Duty of care owed outside of contract.
2. Breach of that duty.
3. Breach caused the loss.
4. Damage is not too remote.

Establishing Duty of Care

• Based on the Neighbour Principle.
• Established duty situations: Road users, employer-employee, manufacturer-consumer, doctor-patient.
• Duty of care to be decided by the courts if outside established categories.

Key Cases

Donoghue v. Stevenson

• Established that duty of care can exist outside of contracts.
• Introduced the Neighbor Principle.

McDowell

• Extended duty of care to builders towards third parties.

Hedley Byrne v. Heller

• Professional liability to third parties for negligent misstatement.

Breach of Duty of Care

• Standard of Care: Reasonable person standard.
• Special standards for professionals, children, sporting events.
• Factors considered include magnitude and likelihood of harm, costs of precautions.

Notable Cases

Nettleship v. Weston

• Learner drivers held to the standard of competent drivers.

Bolam Test

• Professionals judged by the standard of the reasonably competent practitioner.

Mullin

• Child's actions judged by the standard of a reasonable child of their age.

Smolden v. Whitworth

• Duty of care owed by referees in sports.

Causation and Damages

• Causation involves a link between the breach and the damage.
• Damage must not be too remote.

Additional Topics

• Liability for acts of third parties.
• Consideration of foreseeability, risk magnitude, potential harm.
• Public benefit considerations in determining liability.

Break

• Continue to Lecture 2 for further information.