Intentional Torts
Define Assault and give an example.
Assault: An intentional act which threatens violence – or produces a reasonable expectation of immediate unlawful force.
Person A threatens to kick Person B.
Define Defamation and give an example
‘The publication of a statement which tends to lower a person in the estimation of right-thinking members of society generally, or which tends to make them shun or avoid that person.’
Person A wrote a false story that said Person B was convicted of murder
What two statutes cover Occupiers Liability?
•Occupiers Liability Act 1957
•Occupiers Liability Act 1984
What does I.R.A.Q in essay writing stand for?
Issue, Rule, Application, Conclusion
Define battery and give an example.
Battery: the direct and intentional application of force to another person without consent.
Person A hits Person B.
Blackstone: “Battery is the unlawful beating of another"
What 3 elements must be present for a statement to be classed as defamation?
-the statement complained of was defamatory
-the statement referred to the claimant
-the statement was published
What case sets out "the test of control"?
Wheat v Lacon, 1966
What is Tort?
Hint: Winfield, Province of the Law of Tort (1931) p.92
“Tortious liability arises from the breach of a duty primarily fixed by law; such duty is towards persons generally and its breach is redressable by an action for unliquidated damages”
What are the 3 requirements of fault?
Intention
Negligence
Strict Liability
What is the difference between Libel and Slander?
Libel- statements which are made in some permanent form, such as the publication of a newspaper article or book
Slander- applies to statements which are transitory, such as the spoken word.
What are the two "general defences" for Occupiers Liability?
•Consent (Titchener v British Railways Board, 1983 )
•Contributory negligence (Ratcliff v McConnell, 1999)
Which of the following can be used as a source on your summative assessments?
1. Journal Articles
2. Lecture slides
3. Case Law
4. Google Scholar
1. Yes! (Published or peer reviewed)
2. No- Lecture slides can not be referenced- most in formation can be found elsewhere
3. Yes
4. Yes/no- Always double check on WestLaw
Name a case that sets precedent that states: if a person has an alternative route then they have not been falsely imprisoned.
- Bird v Jones (1845) 7 QB 742
- Meering v Graham-White Aviation Co Ltd[1919] A.C. 295
Name 4 "general defences" of Defamation (6 total)
•Truth
•Honest Opinion
•Absolute privilege
•Qualified privilege
•Publication on a matter of public interest
•Innocent dissemination
Define "the duty" owed by an occupier as stated in:
s2(2) - the common duty of care
s2(2) - the common duty of care
- duty to take such care as is reasonable in all the circumstances to ensure that a visitor will be reasonably safe in using the premises for the purposes for which he/she is invited/permitted to be there
What are the four objectives of tort?
Glanville Williams (1951) 4 Current Legal Problems 137 identified four possible objectives of an action in tort,
appeasement
justice
deterrence
compensation
What case sets precedent that states: That fear of the possibility of immediate personal violence is enough to constitute assault?
R v Ireland; R v Burstow[1998] AC 147
Lord Steyn at p.162:
“The victim is assailed by uncertainty about his intentions. Fear may dominate her emotions, and it may be the fear that the caller's arrival at her door may be imminent. She may fear the possibility of immediate personal violence. As a matter of law the caller may be guilty of an assault”
Reynolds v Times Newspapers (1999):
Lord Nicholl’s lists 10 ‘illustrative criteria’ for defamation against publication on a matter of public interest; List 5.
1.The seriousness of the allegation.
2.The nature of the information
3.The source of the information.
4.The steps taken to verify the information.
5.The status of the information.
6.The urgency of the matter.
7.Whether comment was sought from the plaintiff.
8.Whether the article contained the gist of the plaintiff's side of the story.
9.The tone of the article.
10.The circumstances of the publication, including the timing.
Does Occupiers Liability exist only when in a building? If not, what can be classes as a "premises"?
Definition of ‘premises’: section 1 (3) (a) OLA 1957 ‘any fixed or moveable structure, including any vessel, vehicle or aircraft’
Explain the "floodgates" argument
If one case is ruled in a certain way, it may create precedent that allows many more to do the same- hence opening the floodgates.