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History, Development, Theories, Aims, Characteristics of Tort
Terms in this set (30)
State of mind or artifical standard of conduct, objectively set on policy grounds
Bradford Corporation v Pickles 1895
Motive is irrelevant
The defendant is liable even though harm to the claimant was caused without intention or negligence
Rylands v Fletcher
Rylands v Fletcher 1868
'Tort liability arises from the breach of duty primarily fixed by the law. It is typical towards people and a breach is solved through u liquidated damages. The claimant does not claim a fixed amount of compensation.' Winfield Tort
Writ of assumpsit
Trespass Vi et Armis
If a formidable act caused harm, the defendants state of mind was irrelevant.
Cok v Durant 1377
Required everyone to keep his fire safely so that it did not injure his neighbour. Neighbour has some resonance in tort negligence.
Beauties v Finglam 1401
Reference to 'custom of the realm'
Lord Steyn in Chester v Afshar 2004
'The result fulfills the basic aspiration to right wrongs... Moreover the decision reflects the reasonable expectation of the public in contemporary society'
MacDonald J in Nova- Mink v Trans- Canada Airlines
'There is always a large elect of judicial policy and social expediency involved in the determination of the duty problem.'
Lord Mansfield in Fisher v Prince
'The reason and spirit of cases make law; not the letter of particular precedent'
Lord Mansfield in R v Wilkes
'Matters of practice are not to be known from books. What passes at a judges chambers is matter of tradition: it rests in memory'
Black letter law
Lord Denning in Spartan Steel v Martin & Co
"Whenever the courts draw a line to mark out the bounds of duty, they do it as a matter of policy so as to limit the responsibility of the defendant."
Lord Denning in New Windsor Corporation v Mellor 1975
Lord Denning in CCC v Gloucester County Council
Osman v UK
Demonstrates how the ECHR art.6 (right to fair trial) affects tort law.
New Zealand: Accident Compensation Commission
No fault scheme. Victim does not have to prove fault
Set up in 1973 after widespread expressions of concern about accident compensation, following the Thalidomide deformities of 1960s
Lord Denning in SCM Ltd v Whittall 1971
"The risk should be borne by the whole community... rather than rest on one pair of shoulders
Lord Denning in White v White
Lord Denning in Nettleship v Weston
Lord Bridgw in Hunt v Severs
Lord Woolf's 'Access to Justice- Final Report'
Lead to extensive reforms, eg. Civil Procedure Rules 1999
Bowen L.J. in Edgington v Fitzmaurice
State of mind
"the state of a mans mind is as much a fact as the state of his digestion'.
What a person thinks must be deduced from his actions
Vaughan v Menlove 1837
The defendant was warned that his haystack might catch fire, which might spread to neighbouring land. The defendant said he would chance it and was held liable.
Reasonable man in Hall v Brooklands Auto-Racing Club
Reasonable man: "Man on the Clapham omnibus"- Greer,L.J
Reasonable man in McFarlane v Tayside Health Board
"Travellers on the London Overground'- Lord Steyn
Reasonable man in Hawkins v Coulsdon & Purley
"The prophetic vision of a clairvoyant'- Romer L.J
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