The rules of tort law
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Rules and principles concerning liability and fault in actions for negligence, occupiers' liability, nuisance and vicarious liability, and associated defences and remedies.
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Theory of tort law
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Analysis and evaluation of when tort law imposes liability, with particular reference to the issues specified below:
- basic understanding of the public policy factors governing the imposition of a duty
of care (the Caparo three-part test) in a claim for physical
injury to people and damage to property
- basic understanding of the policy factors governing imposition of liability for pure
economic loss and psychiatric injury
- basic understanding of the factors governing the objective standard of care in an
action for negligence
- basic understanding of the factors governing the grant of an injunction as a remedy,
and the way in which conflicting interests are balanced
- basic understanding of the nature and purpose of vicarious liability.
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Liability in negligence for physical injury to people and damage to property
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- Duty of care: the 'neighbour' principle; the Caparo three-part test.
- Breach of duty: the objective standard of care.
- Damage: factual causation and legal causation (remoteness of damage).
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Liability in negligence for economic loss and psychiatric injury
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- Liability for pure economic loss caused by negligent acts and negligent
misstatements.
- Liability for psychiatric injury sustained by primary and secondary victims.
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Occupiers' liability
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- Liability in respect of visitors (Occupiers’ Liability Act 1957).
- Liability in respect of trespassers (Occupiers' Liability Act 1984).
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Nuisance and the escape of dangerous things
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- Private nuisance.
- The rule in Rylands v Fletcher.
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Vicarious liability
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- Nature and purpose of vicarious
liability
- Testing employment status
- Other areas of vicarious liability
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Defences
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- Contributory negligence.
- Consent (volenti non fit injuria).
- Defences specific to private nuisance and the rule in Rylands v Fletcher.
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Remedies
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- Basic understanding of compensatory damages for physical injury to people, damage to
property and economic loss; basic understanding of the principle
of mitigation of loss.
- Injunctions.
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