LAWS1061 Exam Notes
LAWS1061 Notes
Introduction
Definition of tort law concerns the obligations of persons living a crowded society to respect the safety, property and personality of their neighbours both as priori and ex post matters (compensation to those wrongfully harmed).
Tort law has a compensatory function which means damages may be awarded where a person had been injured by the negligence of another.
Compensation may not be adequate for damages, which an individual has experienced.
Needs proof that another individual was involved otherwise there will be no compensation available. E.g. A person who falls over in their own home will have no compensation available.
No fault compensation exists in New Zealand, usually results in less compensation received.
Deterrent function:
If wrongdoer is punished or made to pay for an accident, they will not do it in the future.
Wrongdoers may fear criminal prosecution greater than tort law.
Nuisance
Nuisance consists of private and public nuisance:
Private – an interference affecting private rights of an individual, specifically concerning the use of their land.
Public – unlawful act or omission which endangers the lives, safety, health, property or comfort of the public or by which the public are obstructed in the exercise of any right common to all.
To prove a case in public nuisance an individual needs to prove:
Title to sue (that he or she is allowed to sue) – to sue, the plaintiff must have suffered damage exceeding that suffered by the rest of the public.
Interference with a public right
Defendant’s interference is substantial and unreasonable
To prove a case in private nuisance the plaintiff must establish:
Title to sue (only a person with rights in or over property has standing to sue)
The defendant had knowledge of the nuisance.
The nuisance was a substantial or unreasonable interference with the plaintiff’s right to use of their land.
Interests protected by nuisance
Include those to do with the land itself and the person’s
Introduction
Definition of tort law concerns the obligations of persons living a crowded society to respect the safety, property and personality of their neighbours both as priori and ex post matters (compensation to those wrongfully harmed).
Tort law has a compensatory function which means damages may be awarded where a person had been injured by the negligence of another.
Compensation may not be adequate for damages, which an individual has experienced.
Needs proof that another individual was involved otherwise there will be no compensation available. E.g. A person who falls over in their own home will have no compensation available.
No fault compensation exists in New Zealand, usually results in less compensation received.
Deterrent function:
If wrongdoer is punished or made to pay for an accident, they will not do it in the future.
Wrongdoers may fear criminal prosecution greater than tort law.
Nuisance
Nuisance consists of private and public nuisance:
Private – an interference affecting private rights of an individual, specifically concerning the use of their land.
Public – unlawful act or omission which endangers the lives, safety, health, property or comfort of the public or by which the public are obstructed in the exercise of any right common to all.
To prove a case in public nuisance an individual needs to prove:
Title to sue (that he or she is allowed to sue) – to sue, the plaintiff must have suffered damage exceeding that suffered by the rest of the public.
Interference with a public right
Defendant’s interference is substantial and unreasonable
To prove a case in private nuisance the plaintiff must establish:
Title to sue (only a person with rights in or over property has standing to sue)
The defendant had knowledge of the nuisance.
The nuisance was a substantial or unreasonable interference with the plaintiff’s right to use of their land.
Interests protected by nuisance
Include those to do with the land itself and the person’s