This document provides an overview of tort law, including definitions of key concepts and classifications of different types of torts. It discusses intentional torts like trespass to person which includes assault and battery. It also discusses trespass to land. Unintentional torts like negligence and nuisance are examined. The document outlines various defenses to intentional torts. It explores vicarious liability and strict liability, providing examples of each. In summary, the document defines and categorizes different torts, examines elements and defenses, and analyzes types of liability in tort law.
This document provides an overview of tort law, including definitions of key concepts and classifications of different types of torts. It discusses intentional torts like trespass to person which includes assault and battery. It also discusses trespass to land. Unintentional torts like negligence and nuisance are examined. The document outlines various defenses to intentional torts. It explores vicarious liability and strict liability, providing examples of each. In summary, the document defines and categorizes different torts, examines elements and defenses, and analyzes types of liability in tort law.
This document provides an overview of tort law, including definitions of key concepts and classifications of different types of torts. It discusses intentional torts like trespass to person which includes assault and battery. It also discusses trespass to land. Unintentional torts like negligence and nuisance are examined. The document outlines various defenses to intentional torts. It explores vicarious liability and strict liability, providing examples of each. In summary, the document defines and categorizes different torts, examines elements and defenses, and analyzes types of liability in tort law.
Wrongful Act Wrongful Omission DEFINITION moral wrong trespass to person trespass to land negligence nuisance civil criminal legal wrong SCOPE 2 INTENTIONAL TORT : TRESPASS TO PERSON mental state of the D TUBERVILLE effect on the P BLAKE capability to carry out the threat STEPHENS bodily movements INNES elements can words constitute assault? R v WILSON ASSAULT 3 INTENTIONAL TORT : TRESPASS TO PERSON mental state of D SCOTT D's act under his control GIBBONS Contact COLE Without P's consent TIONG PH elements of battery issue of consent contact protection difference between assault & battery BATTERY 4 INTENTIONAL TORT : TRESPASS TO LAND mental state BASELY entering the land TAN WC remaining on the land TAY TK Placing Objects OSMOND interference to airspace KELSEN interference GREGORY elements of trepass to land TRESPASS TO LAND Art. 13(1) FC Sec. 5 NLC Sec. 44(1)(a) NLC 5 INTENTIONAL TORT self-defence defence another defence property contribut. negligence necessity mistake inevitable accident consent discipline DEFENSES TO INTENTIONAL TORT Sec.26 6 UNINTENTIONAL TORT : NEGLIGENCE Duty Of Care DONOGHUE reasonable man reasonable foreseeable Breach Of Duty of care volenti contribut negligence mechanical defect/ inevitable accident Defenses NEGLIGENCE 7 UNINTENTIONAL TORT : NUISANCE prosecuted crime Public Nuisance substantial continuous locality benefit if any extra-sensitive temporary/ isolated unreasonable Private Nuisance NUISANCE 8 TYPES OF LIABILITY respondent superior master neglect/fail to control employee master benefits master has deeper pocket Rationale IMPERIAL CHEM offender is the employee (special relationship) employee committed tort (tortious act) tort committed in the course of employment claimant must prove VICARIOUS LIABILITY 9 VICARIOUS LIABILITY control test intergration test hiring of servants contract hospital staff & police officer Who is employee/servant? 10 TYPES OF LIABILITY Liability without fault RYLAND dangerous objects HOCK TAI intentional storage MILES escape MIDWOOD non-natural use of land RICKARDS elements of liability claimant must established STRICT LIABILITY 11 STRICT LIABILITY P consent SHEIKH AMIN Common benefit DUNNE act of third party RICKARDS Act of God NICHOLS P default DEFENCES
Frank Lee v. Town of Estes Park, Colorado, A Municipal Corporation Gregg Filsinger, Robert W. Ault Walter F. Kappely, Odd Lyngholm, 820 F.2d 1112, 10th Cir. (1987)