LLB course) PART A- Law of torts PART B – Consumer Protection Law PART –A General Principles 1. General Principles – Definition‚ distinction between tort‚ crime‚ contract‚ breach of trust. 2. Essential conditions of liability – Damnum Since injuria‚ Injuria sine damnum‚ Malice‚ Motive. 3. Foundations of tortuous liability‚ fault liability‚ strict liability‚ principles of insurance in torts. 4. Capacity of parties to use and / or be used – State its subordinates – executive officers‚ judicial officers
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TABLE OF CONTENTS Definition of a tort 5 Liability of a state 5 Article 300 6 Evolution of Constitutional Tort 7 Need For Constitutional Torts 8 Ubi Jus Ibi Remedium 9 Injuria Sine Damnum 9 Essentials for Constitutional Torts 9 Differences between constitutional tort and private tort 10 CASES WHICH LED TO THE DEVELOPMENT OF CONSTITUTIONAL TORTS 11 Kethri v. state of Bihar 11 Rudal Shah V. State of Bihar 11
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LAW OF TORT PART– PART–ONE Objectives of this Topic By the end of the topic the learner should be able to: * D fi iti of tort and related t Definition f t t d l t d terms * The difference between tort and criminal law and tort and contract law * Understand the nature and liability of tort * Explain the functions of the law of torts * Explain the capacity to sue or be sued for various p p y individuals and entities * Understand the specific torts their defences and remedies available
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INTRODUCTION The law of delict is a branch of private law falling under the law of obligations. It deals with civil wrongs as opposed to criminal wrongs. The essential purpose of the law of delict is to afford a civil remedy‚ usually by way of compensation‚ for wrongful conduct that has caused harm to others. A delict is the breach of a general duty imposed by law which will ground an action for damages at the suit of any person to whom the duty was owed and who has suffered harm in consequence of
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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”
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Employers liability Cases Walker v Northumberland County Council (1995) This case is notable as one of the first successful claims for work-related stress. Mr Walker was employed by Northumberland County Council as a senior social worker. At the time of the case‚ he had worked for the authority for 17 years‚ dealing mainly with cases of child abuse. In the 1980s‚ his workload gradually increased to such an extent that in 1986 he suffered a nervous breakdown. This was diagnosed by his GP who recommended
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Teacher’s role in the classroom is to take place of the parents whilst in school. They also must take reasonable action to decrease the likelihood of injury to students. (Queensland teachers union‚ teachers and law 5th edition page 7) Three elements to establish a negligence case A duty of care was owed There was a breach of the duty Damages occurred because of the breach Duty of Care Two points in order to establish a duty of care Should a teacher
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Case – British Railways board Vs Herrington Relevance - Trespasser duty of care - Common humanity - Occupiers liability act 1984 Facts - Railway line operated by BRB ran through property open to public - Fences were in poor repair - 1965 children seen on line - Child severely injured when he stepped on line after passing through broken fence - Plaintiff claimed damages for negligence Ruling - House of lords held over trespassers‚ a duty to take steps as common humanity to avert
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10: Sine waves and phasors • Sine Waves • Rotating Rod • Phasors • Phasor Examples • Phasor arithmetic • Complex Impedances • Phasor Analysis • CIVIL • Impedance and Admittance • Summary (Irwin/Nelms Ch 8) 10: Sine waves and phasors E1.1 Analysis of Circuits (2012-2517) Phasors: 10 – 1 / 11 Sine Waves 10: Sine waves and phasors • Sine Waves • Rotating Rod • Phasors • Phasor Examples • Phasor arithmetic • Complex Impedances • Phasor Analysis • CIVIL • Impedance and Admittance
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of the duty of care Several defences exist against a claim in negligence: - Denial of negligence Injury was the sole fault of the employee Contributory negligence Causation - breach of duty of care did not cause the damage Volenti non fit injuria - employee knowingly accepted the risk Time limits - times set by Limitations Act 1980 have been exceeded What might you be asked? There are several possibilities: - You may be asked to define either ’negligence’ or a ’tort’. It is useful
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