Torts A Revision Seminar
Stuart Butterworth

Torts A Examination
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Issue spotting

Torts
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Issue spotting
◦ Torts to person?
◦ Torts to goods?
◦ Torts to land?
◦ Defences?
◦ Vicarious Liability?
◦ Non-delegable duties?

Torts A Examination
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Issue spotting

Structure

Torts
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Torts to person
Torts to goods
Torts to land
Defences
Vicarious Liability
Non-delegable duties

Torts
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Torts to person
◦ Battery
◦ Assault
◦ False Imprisonment
◦ Action on the case

Definition Parties Act
Standing to sue?
Elements Fault Defences Remedies

Torts
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Battery
A battery is a direct, intentional or negligent positive act of the defendant causing contact with the body of the plaintiff (Collins). For battery to be made out, P must prove that D made direct contact with P’s body, after which D must prove that the contact was without fault
(intention, recklessness or negligence). All elements of the tort must be proved on balance of probabilities.

Torts
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Battery
◦ Definition

Torts

Battery
A battery is a direct, intentional or negligent positive act of the defendant causing contact with the body of the plaintiff (Collins). For battery to be made out, P must prove that D made direct contact with P’s body, after which D must prove that the contact was without fault
(intention, recklessness or negligence). All elements of the tort must be proved on balance of probabilities.

Torts
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Battery
◦ Definition
◦ Standing to sue?
◦ Elements:
 Contact
 Directness
 Knowledge?
◦ Fault
◦ Defences?
◦ Remedies?

Torts

Assault
An assault is a direct threat by D which, intentionally or negligently, places P in reasonable apprehension of an imminent harmful or offensive contact with P’s person (Rixon). To establish assault P must prove the elements of the tort, after which
D must prove that the contact was without fault (intention, recklessness or negligence). All elements must be proved on balance of probabilities.

Torts

Assault
◦ Definition

Torts

Assault
An assault is a direct threat by D which, intentionally or negligently, places P in reasonable apprehension of an imminent harmful or offensive contact with P’s person (Rixon). To establish assault P must prove the elements of the tort, after which
D must prove that the contact was without fault (intention, recklessness or negligence). All elements must be proved on balance of probabilities.

Torts
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Assault
◦ Definition
◦ Standing to sue?
◦ Elements:
 Threat
 Directness
 Imminence
 Reasonable Apprehension
 Knowledge?
◦ Fault
◦ Defences?
◦ Remedies?

Torts

False Imprisonment
False imprisonment if any intentional or negligence total, wrongful restraint of the liberty of P directly brought about by D.

Torts
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False Imprisonment
◦ Definition

Torts

False Imprisonment
False imprisonment if any intentional or negligence total, wrongful restraint of the liberty of P directly brought about by D.

Torts
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False Imprisonment
◦ Definition
◦ Standing to sue?
◦ Elements:
 Total Restraint
 Wrongful Restraint
 Directness
 Knowledge?
◦ Fault
◦ Defences?
◦ Remedies?

Torts
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Action on the case
An action on the case may be brought where a wilful act or statement by D, calculated to cause harm, in facts causes harm of a legally recognisable kind to P.
For an action on the case to be successful,
P must prove on balance of probabilities that:
1.
D’s act was calculated to cause harm.
2.
Compensable harm was caused as a result of D’s act.

Torts
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Action on the case
◦ Definition

Torts
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Action on the case
An action on the case may be brought where a wilful act or statement by D, calculated to cause harm, in facts causes harm of a legally recognisable kind to P.
For an action on the case to be successful,
P must prove on balance of probabilities that:
1.
D’s act was calculated to cause harm.
2.
Compensable harm was caused as a result of D’s act.

Torts
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Action on the case
◦ Definition
◦ Standing to sue?
◦ Elements:
 Act
 Calculated to cause harm
 Harm in fact caused
◦ Defences?
◦ Remedies?

Torts
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Torts to goods
◦ Trespass to Goods
◦ Action on the Case
◦ Conversion
◦ Detinue

Definition Parties Act
Standing to sue?
Elements Fault Defences Remedies

Torts
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Good
“Tangible, moveable object capable of being actually possessed.”

Torts
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Interest

Torts
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Interest
◦ Does a bailment exist?
 Is there more than one bailment?
◦ What are the rights of the plaintiff?

Torts
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Bailment
WTF?

Torts
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Bailment
◦ Fixed Term Bailment
◦ Bailment-at-will

Torts
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Requirements for Bailment
◦ Goods must have been delivered to bailee for a purpose
◦ Bailee must take possession of goods
◦ Both bailor and bailee must agree to the bailment, there must be intention that the thing be delivered and received; Ashby v Tolhurst
◦ It must be intended that the thing be returned to the bailor or his agent.

Torts
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Fixed Term Bailment
◦ Period of Time
◦ Until an Event
Effect:
- Bailor maintains ownership.

Torts
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Bailment at will
◦ Terminable on demand by bailor.
Effect:
- Bailor has an immediate right to possession.

Torts
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Interest
◦ Does a bailment exist?
 Is there more than one bailment?
◦ What are the rights of the plaintiff?

Torts
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Interest
◦ Actual Possession
◦ Constructive Possession
◦ Immediate Right to Possession
◦ Proprietary Interest
◦ Other Interests

Torts
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Trespass to Goods
A trespass to goods is any voluntary act of D which intentionally or negligently results in a direct, physical interference with a good in possession of another without lawful justification. For trespass to goods to be made out, P must prove that D made direct contact with P’s goods, after which D must prove that the contact was without fault (intention, recklessness or negligence). All elements of the tort must be proved on balance of probabilities.

Torts
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Trespass to Goods
◦ Definition

Torts
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Trespass to Goods
False imprisonment if any intentional or negligence total, wrongful restraint of the liberty of P directly brought about by D.

Torts
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Trespass to goods
◦ Definition
◦ Standing to sue?
◦ Elements:
 Direct Act
 Interference
◦ Fault
◦ Defences?
◦ Remedies?

Torts
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Conversion
A conversion is an act of wilful interference with any chattel in a manner inconsistent with the right of the person entitled to it, whereby that other is deprived of the use and possession of it.

Torts
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Conversion
◦ Definition

Torts
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Conversion
A conversion is an act of wilful interference with any chattel in a manner inconsistent with the right of the person entitled to it, whereby that other is deprived of the use and possession of it.

Torts
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Conversion
◦ Definition
◦ Standing to sue?
◦ Elements:
 Conversionary Conduct
◦ Fault
 Actual Intention
 Imputed Intention
◦ Defences?
◦ Remedies?

Torts
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Detinue
An action in detinue may be maintained where D refuses or is unable to return goods of which he has or had actual or constructive possession upon the making of a proper demand by P.

Torts
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Detinue
◦ Definition

Torts
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Detinue
An action in detinue may be maintained where D refuses or is unable to return goods of which he has or had actual or constructive possession upon the making of a proper demand by P.

Torts
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Detinue
◦ Definition
◦ Standing to sue?
◦ Elements:
 Delivery
 Proper Demand
 Categorical Refusal
◦ Fault
 Fault of another
 D exercised reasonable care
◦ Defences?
◦ Remedies?

Torts
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Action on the case
An action on the case may be brought by any person with a proprietary interest in a good which has been the subject of intentional or negligent permanent damage, disposal or destruction.

Torts
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Action on the case
◦ Definition

Torts
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Action on the case
An action on the case may be brought by any person with a proprietary interest in a good which has been the subject of intentional or negligent permanent damage, disposal or destruction.

Torts
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Action on the case
◦ Definition
◦ Standing to sue?
◦ Elements:
 Damage
 Wrongful Act
◦ Fault
◦ Defences?
◦ Remedies?

Torts
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Torts to land
◦ Trespass to land
◦ Private Nuisance

Definition Parties Act
Standing to sue?
Elements Fault Defences Remedies

Torts
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Trespass to land
A trespass to land is any voluntary act of D which intentionally or negligently results in an interference with P’s exclusive right to possession of land.

Torts
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Trespass to land
◦ Definition

Torts

Trespass to land
A trespass to land is any voluntary act of D which intentionally or negligently results in an interference with P’s exclusive right to possession of land.

Torts
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Trespass to land
◦ Definition
◦ Standing to sue?
◦ Elements:
 Direct Act
 Interference
◦ Fault
◦ Defences?
◦ Remedies?

Definition Parties Act
Standing to sue?

Torts
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Private nuisance
A private nuisance is an unreasonable interference with the use and enjoyment of land.

Torts
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Private nuisance
◦ Definition

Torts
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Private nuisance
A private nuisance is an unreasonable interference with the use and enjoyment of land.

Torts
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Trespass to land
◦ Definition
◦ Standing to sue?
◦ Elements:
 Interference
 Unreasonableness
 Physical damage (always unreasonable)
 Sensible personal discomfort (may be unreasonable)
 Persons legally responsible
◦ Fault
◦ Defences?
◦ Remedies?

Torts A Examination

Issue spotting

Structure

Facts

Torts A Examination

Issue spotting

Structure

Facts
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Time

High Distinction?
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Draw analogies
Use facts
Use of law
Identify weaknesses
Argue for P and D