Podcast on Tort Law

Introduction

• Podcast Topic: Tort Law, essential for SQE candidates and first-year law students.
• Covers: Origins and development of tort law, basis of liability, duty of care, standard of care, causation, remoteness, defenses, battery, assault, false imprisonment, intentional harm, and defamation.
• Presenter: Dr. Jannis Glinavos.

Origins and Development of Tort Law

• Historical Roots: Originated in medieval England to maintain public order.
• Trespass: Early jurisdiction for direct infringements on person/property.
• Action on the Case: Emerged to cover indirect injuries like nuisance, defamation.
• Reforms: 19th-century reforms like the Common Law Procedure Act 1852 modernized tort law.
• Foundations: Distinctions between direct and indirect harm, evolving with society's needs.

Bases of Liability

• Interests Protected: Personal, proprietary interests; reputation (defamation); lesser extent - privacy, economic relations.
• **Types of Liability:"
  • Intentional Conduct: Deliberate actions infringing others.
  • Negligence: Failing to meet standard care, leading to harm.
  • Strict Liability: Liability without fault, often in hazardous activities.**

Duty of Care

• Concept: Legal obligation to avoid harm to others.
• Historical Cases: Heaven v. Pender (1883), Donoghue v. Stevenson (1932).
• Caparo Test: Foreseeability, proximity, fair/reasonable to impose duty.
• Policy Considerations: Balancing individual protection with wider social interests.

Standard of Care

• Definition: Level of caution a reasonable person would exercise.
• Objective Standard: Not subjective to defendant's knowledge.
• Influencing Factors: Likelihood/seriousness of harm, practicality of precautions.
• Professional Negligence: Bolam test for medical professionals, reasonable body of opinion.

Causation and Remoteness

• Causation: Link between breach and damage, "but for" test.
• Material Contribution Principle: Used in complex causation cases.
• Remoteness: Foreseeability of harm, Wagon Mound case.
• Eggshell Skull Rule: Full liability for claimants with pre-existing conditions.

Defenses in Tort Law

• Contributory Negligence: Claimant's own negligence reduces damages.
• Voluntary Assumption of Risk: Claimant knowingly accepts risk.

Battery

• Definition: Intentional, unpermitted contact.
• Elements: Positive act, unpermitted contact, directness, intention.
• Defenses: Consent, self-defense, lack of hostility.

Assault

• Definition: Apprehension of imminent harmful contact.
• Elements: Intentional act, reasonable apprehension, immediacy.
• Defenses: Consent, self-defense, negated by words.

False Imprisonment

• Definition: Total, unlawful restriction of freedom.
• Elements: Intent, total restraint, awareness not necessary.
• Defenses: Lawful authority, consent, necessity.

Intentional Infliction of Harm

• Definition: Deliberate causing of severe emotional distress.
• Elements: Intentional/reckless conduct, extreme/outrageous behavior, causation, severe distress.
• Defenses: Consent, exercise of legal right.

Defamation

• Forms: Libel (permanent), slander (temporary).
• Defamation Act 2013: Serious harm requirement.
• Tests: Ridicule, lowering reputation, shun and avoid.
• Publication: Must be published to third party.
• Defenses: Truth, innocent dissemination, privilege, public interest, honest opinion.

Conclusion

• Importance: Understanding tort law principles helps navigate legal issues, protect individual rights, balance social interests.
• Next Steps: Explore more legal topics for deeper understanding.