Law of tort
Week 8
Lecture
Aspects of the Tort of
Negligence
1.
2.
3.
4.
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
2
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)
3
Types of Liability in Torts
(antisocial behaviour)
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
4
Crime v. Tort
• Punishing the
wrongdoer.
•
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. •
5
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
The burden of proof is placed on the plaintiff.
1.
2.
3.
6
2. The General Principles of
Liability for Negligence
2.1 Duty of Care
•
•
Landmark case: Donoghue v. Stevenson (1932)
Before 1932, the law recognised only a few
“duties”:
- Innkeepers owed a duty of care to their guests;
-
Lecture
Aspects of the Tort of
Negligence
1.
2.
3.
4.
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
2
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)
3
Types of Liability in Torts
(antisocial behaviour)
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
4
Crime v. Tort
• Punishing the
wrongdoer.
•
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. •
5
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
The burden of proof is placed on the plaintiff.
1.
2.
3.
6
2. The General Principles of
Liability for Negligence
2.1 Duty of Care
•
•
Landmark case: Donoghue v. Stevenson (1932)
Before 1932, the law recognised only a few
“duties”:
- Innkeepers owed a duty of care to their guests;
-