Torts Notes

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THE ROLE OF TORT LAW Compensatory Function: -Compensation for people who are injured by a wrong, injury to the person , or to the property Torts law can be divided into trespass action on the case and statutory torts TORT LAW REFORM Torts law used to be judge made, similar to common law 20th century statues came in Workers Compensation scheme, Motor Accidents Scheme, Occupational Health and Safety (Factories Act), Dust Diseases Schemes. Drug Compensation Schemes (uk). Characteristics of torts: 1. Wrongful conduct (by way of an act or omission) 2. Infringement of a person’s rights 3. An Available action for damages LAW REFORM AFTER 2002 * RECENT push to regulate the law of negligence in relation to personal injury *…show more content…
(Rixon v Star City). Exigencies of everyday are not classified as “battery” . (rixon v star city). For battery it must be established that; 1. There was physical contact with the plaintiff’s body 2. This interference was direct upon the defendant’s act and not consequential 3. Defendant’s act was a positive act 4. The defendant had the requisite state of mind i.e. act of interference was voluntary and intentional or voluntary and negligent. The plaintiff bears the onus of proof for the first three requirements and the defendant for the final one. ASSAULT definition: An assault occurs when the defendant deliberately causes the plaintiff to apprehend immediate physical contact (Rixon v Star City). It is distinguished from battery because of the reasonable apprehension of imminent contact. Elements of Assault A direct threat by the defendant: - Barton v Armstrong 1969 – whether or not the apprehension is reasonable is determined objectively with regard to the circumstances which existed at the time of the alleged assault. That causes the plaintiff to reasonably apprehend –The defendant must have the present and apparent ability of carrying out the battery. Some Imminent (impending) contact: (Zanker v Vartzokas). Intentional – Hall v Foneca – the plaintiffs shook his hand at the defendant. For Assault it must be established that ; 1. Apprehension of immediate physical contact with the body of the
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