F4 CORPORATE AND BUSINESS__LAW(ENGLISH)-29

Chapter 7 The law of torts Chapter Guide

Explain the meaning of tort. Identify examples of torts including 'passing off' and negligence. Explain the duty of care and its breach. Explain the meaning of causality and remoteness of damage. Discuss defence to actions in negligence.Slide 178

Chapter 7 The law of torts Overview The law of Torts

Definition of Tort

Duty of care

Breach of duty

Causation

Defences

Civil wrongdoing Passing off

Fails to act reasonablyAdjusting the standard of care Res ipsa loquitur Neighborhood principle Donoghue v Stevenson 'but for' test

Avoid Reduce

Limit

Remoteness of damages

Novus actus interveniens

AuditorsSlide 179

Chapter 7 The law of torts 1.Definition of Tort

A tort is‘a wrongful act against an individual which gives rise to a civil claim’.As a tort is a breach of a legal duty, there is no liability unless the law recognizes that the duty exists.

Slide 180

Chapter 7 The law of torts 1.Definition of Tort 1.1 (a)A duty of care is owed to the claimant (b) There has been a breach of that duty of care, being that the defendant has failed to act reasonably (c) The breach of duty caused the harm to the claimant (d) The losses were not too remote 1.2 In addition to negligence another specific type of tort is an action for !passing-off!ˉ. In such cases one party is accused of misrepresenting themselves to the public in a calculated manner designed to allow them to benefit from parties goodwill. These actions are most commonly associated with trademarks and company names per Stringfellow v McCainand HFC Bank v Midland Bank. 1.3 Where it can be proved in passing-off cases that there is a chance of‘genuine public confusion!’all lost trading profits can be awarded to the injured party in addition to an injunction over the use of names.Slide 181

Chapter 7 The law of torts 2.Duty of care

‘you owe a duty of care to anybody who it may be reasonably foreseen will be affected by your negligent acts or omissions’

There is a duty to take reasonable care not to cause foreseeable harm to others.

Slide 182

Chapter 7 The law of torts 2.Duty of care

Definition

Duty of care

Breach of duty of care

Causation

Defences

Neighbourhood principle

Donoghue v StevensonSlide 183

Chapter 7 The law of torts 3.Breach of duty of care

Definition

Duty of care

Breach of duty of care

Causation

Defences

Res Ipsa Loquitur

Slide 184

Chapter 7 The law of torts 3.Breach of duty of care

3.1 Once it has been successfully proved a duty of care exists the claimant next has to prove that this duty has been breached. In order to do this it must be proved that the defendant failed to act reasonably per Blyth v Birmingham . This is an objective test, but not one intended to condone the incompetence of the wrongdoer.Slide 185