LLB240 Study Guide - Final Guide: Nervous Shock In English Law, False Imprisonment
INTRO TO TORTS/ESSAY INFORMATION:
‘Tort law tells us what our rights and obligations are. Each tort prescribes, forbids
and provides a legal remedy for a particular kind of interpersonal wrongdoing.’
Julia Davis, Connecting with Tort Law (Oxford University Press, 2012) 10
Aims of tort law:
Compensation
Appeasing victims
Loss spreading
Providing justice
Setting standards
Examples of torts:
Trespasses
Actions on the case for wilful injury or wilful infliction of nervous shock
Nuisance
Negligence
DISTINGUISHING BETWEEN TORTS:
Directness
oIntentional torts = direct
Trespass
Battery
Assault
False imprisonment
oUnintentional torts = indirect
‘… no man can do indirectly that which he is forbidden to do
indirectly’ – Bird v
Holbrook (1828) 130 ER 911
Negligence – may be direct or indirect
Wilful injury and wilful infliction of nervous shock
oNuisance – may be direct or consequential
Fault
oTrespass = intention to do the act/omission which caused the
interference with rights
ONUS: on P to establish the physical acts constituting the
trespass, then moves to D to prove they did not intend to
complete the act
oNegligent = some degree of negligence is required
Wilful injury and wilful infliction of nervous shock
‘The defendant has wilfully done an act calculated to
cause harm to the plaintiff’ – Wilkinson v Downton [1897]
2 QB 57
ONUS: multiple elements with changing placing of the onus
oNuisance = must be knowledge
‘…the general rule that an occupier is not liable for a nuisance
which he did not create unless he continued it with knowledge or
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Document Summary
Tort law tells us what our rights and obligations are. Each tort prescribes, forbids and provides a legal remedy for a particular kind of interpersonal wrongdoing. ". Julia davis, connecting with tort law (oxford university press, 2012) 10. Actions on the case for wilful injury or wilful infliction of nervous shock. False imprisonment: unintentional torts = indirect. No man can do indirectly that which he is forbidden to do indirectly" bird v. Negligence may be direct or indirect. Wilful injury and wilful infliction of nervous shock: nuisance may be direct or consequential. Fault: trespass = intention to do the act/omission which caused the interference with rights. Onus: on p to establish the physical acts constituting the trespass, then moves to d to prove they did not intend to complete the act: negligent = some degree of negligence is required. Wilful injury and wilful infliction of nervous shock.
