Semester 1, 2017

LLB 240 Law of Torts Distinction Notes

36 pages

34,053 words




These notes are a summarised version of the textbook. As I was only allowed 1 double sided sheet into the exam these notes are intentionally concise and outline the relevant case law and authorities for any question which may arise.

Every topic is covered including areas relating to problem questions and essay questions.
TOPICS include;
"What is tort law?" (used for essays)
INTENTIONAL TORTS AND NEGLIGENCE: outlining the elements required for each as well as how they are different
INTENTIONAL TORTS: trespass to person, battery, assault, false imprisonment, action on the case for nervous shock caused indirectly by intentional statements calculated to inflict harm OR physical injury caused indirectly by intentional acts intended to inflict harm, trespass to land, nuisance (public and private), trespass to goods, conversion, and detinue
INTENTIONAL TORT DEFENCES: self-defence, consent, provocation, children, mistake. insanity, self-help, statutory authority, prescription (for nuisance), and jus tertii (for detinue and conversion)
NEGLIGENCE: vicarious liability, duty of care (including policy considerations, how to determine whether a duty of care exists and what the duty involves), pure mental harm, pure economic loss, statutory authority, how to determine whether the duty has been breached, causation, and multiple tortfeasors,
NEGLIGENCE DEFENCES: contributory negligence, intoxication, voluntary assumption of risk, and illegality.

My helpful hint is to keep working on your notes, as you answer questions if you don't know something make sure it's in your notes/on your sheet which you're allowed to take into your exam. If you feel confident in another area don't let it take up too much space which you can use for area's you're not so confident in.

These notes helped me to produce a 1 page summary for the exam. Everything I needed was here and I found it easy to remember (memorise) as it was concise. Hope you can find these just as helpful as I did.