DANC 010AD Lecture Notes - Lecture 15: Chief Constable, False Imprisonment, Strict Liability
10 Sep 2020
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What is a tort: a breach of a legal duty redressible by a civil court action (affirming tortious liability -> awarding a remedy). Experience of people working together to building something. Disagreements are big deal in tort: damage is generally required for liability in tort (negligence). But not for all torts, e. g. trespass to the person: no damage required = tort actionable per se. Fault is generally required for liability in tort. But not for all torts e. g. the rule in rylands v. Fletcher: no fault required = strict liability, the tortfeasor (the person who committed a tort) is generally liable. But one can also be found liable for the tort of another - vicarious liability. E. g. may have a negligent employee, and an employer who is vicariously liable. Can have vicarious liability in a tort where there is also personal liability: personally liable, vicariously liable - so employer and employee - employee makes mistake and another gets harmed.
