LAWS1100 Lecture Notes - Lecture 5: Penfolds, Nervous Shock In English Law, Obiter Dictum

77 views8 pages
School
Department
Course

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.

Get access

Grade+20% off
$8 USD/m$10 USD/m
Billed $96 USD annually
Grade+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
40 Verified Answers
Class+
$8 USD/m
Billed $96 USD annually
Class+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
30 Verified Answers

Related Documents