LAWS1100 Lecture Notes - Lecture 5: Penfolds, Nervous Shock In English Law, Obiter Dictum
Document Summary
Tort vs contract law: contract: contractual obligations arise because the parties have intentionally agreed to uphold them. Torts: causing harm: with all torts actions, consider whether the act was: Deliberately causing harm: the tort of trespass (some aspects), the tort of defamation, the tort of passing off. Carelessly causing harm: negligent misstatement, the tort of trespass (some aspects), the tort of negligence. The tort of trespass committed when the defendant interferes with the person or property of the. Three common forms of trespass: trespass to land, trespass to goods; and, trespass to the person. Trespass to land defendant unlawfully enters, re(cid:373)ai(cid:374)s o(cid:374) or puts so(cid:373)ethi(cid:374)g o(cid:374) plai(cid:374)tiff(cid:859)s la(cid:374)d. Kelsen v imperial tobacco [1957] 2 qb 334. Imperial owned the freehold in a premises from which he ran a wholesale tobacco business: he leased part of the premises to kelsen who ran a tobacconist shop and had an adjoining flat where he lived.