INTRODUCTION TO TORT Tort and Contract Definitions TORT Tortious liability arises from the breach of a duty primarily

fixed by law: this duty is towards persons generally and its breach is redressible by an action for damages CONTRACT ost contracts ta!e the form of an agreement" that is to say" each party agrees to accept the promise or promises of the other in return for the promise or promises made by itself Similarities #$ %oth tort and contract create ci&il law obligations$ '$ %reach of both types gi&e rise to an action for damages$ ($ Ci&il courts ha&e )urisdiction to hear contract and tort claims$ Differences #$ '$ As a general rule contractual obligations are &oluntarily underta!en but in law of Tort there is no free choice * law imposes the obligation$ A person who enters into a contractual obligation owes only a duty to the other party to the contract$ +n tort owe duty to e&eryone not to use &iolence against them" not to trespass on property belonging to others" not to defame them$ ,enerally" liability in contract is strict" while tortious liability is based on fault$ ,enerally" contractual liability is imposed on a person who has not done what promised to do$ +n tort imposed on someone who has done something should not ha&e done or has failed to do something should ha&e done$ /amages: the ob)ect of awarding damages in contract is to put claimant in position would ha&e been in had contract been performed$ +n tort" it is to put the claimant in the position he would ha&e been in had the tort not happened$

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GENERAL CHARACTERISTICS OF TORTIOUS LIABILITY Lia ilit! arises o"t of a #ron$f"l act or omission Note: there are situations where one person is liable for another0s wrongful act or omission * 1icarious 2iability$ Generall!% tortio"s lia ilit! is ased on &fa"lt' of t(e defendant) 3ault means that the claimant must pro&e that the defendant committed the act 4or omitted to act5 intentionally or negligently$

Generall!% t(e claimant m"st *ro+e t(at s,(e (as s"ffered dama$e #(ic( is not too remote a conse-"ence of t(e defendant.s #ron$f"l act or omission) AI/S AND OB0ECTI1ES OF THE LA2 OF TORTS Com*ensation for (arm 46nli7uidated damages5 3re+ent contin"ation of (arm 4+n)unction5 3"nis(ment of #ron$doer 4/efamation: court can award exemplary damages5 Deterrence 0"stice Restoration for Un4"st Enric(ment 4Claimant may sue someone wrongfully detaining goods5 INTERESTS 3ROTECTED BY LA2 OF TORTS 3ERSONAL INTERESTS Intentional interference #it( *ersonal interests Batter! 5 the direct and intentional application of physical force to the person of another without lawful )ustification$ Assa"lt 5 an act which directly and intentionally causes the claimant reasonably to apprehend a battery is about to be committed against him by the defendant$ False Im*risonment 5 an act which directly and intentionally places a total restraint upon the claimant0s freedom of mo&ement without lawful )ustification$ Ne$li$ent Interference #it( *ersonal interests Ne$li$ence 5 the tort of negligence is committed when the defendant0s breach of his duty of care causes physical damage to the claimant$ Occ"*ier.s Lia ilit! 5 an occupier is a person who has a sufficient degree of control o&er premises to put him under a duty of care towards those who come onto his premises * co&ers farmer" garage owner" householder$ Breac( of Stat"tor! D"t! %reach by the defendant of an obligation imposed upon him by statute may enable a person in)ured by the breach to bring a ci&il action for damages for breach of statutory duty$ 8ealth and 9afety at wor! 2egislation imposes many duties on

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employers$ +f" in breach of the 2egislation" the employer can be found liable without proof of negligence or intention 4no fault5$ 3RO3ERTY INTERESTS Intentional Interference #it( *ro*ert! interests Tort of Con+ersion 5 where defendant deals with the claimant0s goods in such a way it is wrongful denial of the claimant0s rights to the goods 4 sell car without !nowledge5$ Tres*ass to Goods 5 tear page from boo! without consent$ Tres*ass to Land 5 intentionally go on someone0s land without permission of owner$ Ne$lient Interference #it( *ro*ert! interests Interference #it( *ro*ert! interests #it(o"t ne$li$ence or intention N"isance 5 the claimant may bring an action where the defendant unlawfully interferes with his use or en)oyment of his land$ +n Adams & 6rsell 48C #:#(5" the smell from a fried;fish shop was held to constitute a nuisance to nearby residents$ To cause an encroachment upon the Claimant0s land of some tangible thing such as tree roots may be actionable 4/a&y & 8arrow Corp * CA #:.<5$ ECONO/IC INTERESTS Intentional Interference #it( economic interests False Re*resentation 5 defendant ma!es a false statement !nowing it to be false or without belief in its truth= intends claimant to rely on the statement and act upon it= claimant does rely and act upon it= claimant suffers economic loss$ Unla#f"l interference #it( trade 5 eg tort of conspiracy where ' or more traders get together to act so as to cause damage to the trade of another$ Ne$li$ent Interference #it( economic interests Tort of Ne$li$ence 5 in certain circumstances" a person who commits a negligent act or ma!es a negligent statement and causes economic loss to another is liable to ma!e compensation$ %uilders and contractors are liable to those who suffer loss caused by defects in buildings$ INTERESTS IN RE3UTATION

Defamation 5 the publication of a statement which tends to lower a person in the estimation of right thin!ing people generally or which tends to ma!e them shun or a&oid him$ +n %er!off & %urchill * CA * #::>" a ma)ority of the Court of Appeal held that to describe a film actor and director as ?hideously ugly0 was capable of being defamatory in that it could lower his standing in the public0s estimation and ma!e him an ob)ect of ridicule$ /ISUSE OF 3ROCESS /alicio"s 3rosec"tion 5 the tort of malicious prosecution protects a person who has been wrongfully sub)ected to )udicial proceedings by another who has acted maliciously in bringing proceedings$