Law of tort

Week 8
Lecture

Aspects of the Tort of
Negligence
1.
2.

3.
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5.

Introduction
The general principles of liability for negligence Product liability
Liability for negligent misstatement
Vicarious liability

THE LAW OF TORT (民事侵權法)
1. What is Tort?
 One party suffers damage or loss as the result of the action of another
 No need for a contractual relationship
 The law of tort regulates the behaviour of individuals and legal persons

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1. Introduction
Tort: “Wrong” (a civil wrong)
Three main types:
• Intentional torts (Beating somebody up.)
• Negligence (Recklessly driving a car and hitting somebody.)
• Strict liability (E.g. Vicarious liability)

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Types of Liability in Torts
(antisocial behaviour)
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Negligence (疏忽): wrongs to persons or property, breach of duty of care
Trespass (非法入侵): wrongs to property
Assault (襲擊)/ false imprisonment (非法禁錮): wrongs to person
Nuisance (滋擾): wrongs to persons
Defamation (誹謗): wrongs to reputation
Privacy (私隱): wrongs to persons
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Crime v. Tort
• Punishing the

wrongdoer.

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Compensating the victim. Contract v. Tort
Relationship based on • Duties imposed by the contract: One law: One is liable to party is liable to all persons. another. •

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Tort of Negligence
The plaintiff must prove all the below elements to prove the defendant’s negligence:

4.

Duty of Care - that the defendant owed to him a legal duty of care, and
Breach of duty - that the defendant has been guilty of a breach of that duty, and
Causation - that damage has been caused to the plaintiff by that breach, and
Remoteness of damages

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The burden of proof is placed on the plaintiff.

1.
2.
3.

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2. The General Principles of
Liability for Negligence
2.1 Duty of Care
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•

Landmark case: Donoghue v. Stevenson (1932)
Before 1932, the law recognised only a few
“duties”:
- Innkeepers owed a duty of care to their guests;
-