Torts - Study Notes

Description

These notes cover: HISTORICAL BACKGROUND TRESPASS TO THE PERSON BATTERY Exemplary and Aggravated Damages 10 ASSAULT FALSE IMPRISONMENT INTENTIONAL INFLICTION OF PSYCHIATRIC INJURY The Wilkinson v Downton Principle CONCURRENT TORTFEASORS Contribution between concurrent tortfeasors VICARIOUS LIABILITY Police tort claims Course of employment Vicarious liability of schools for teachers’ misconduct Independent contractors and non-delegable duties DEFENCE TO INTENTIONAL TORTS NEGLIGENCE Mental Harm and the Civil Liability Act (2002) (CLA) The unborn and their parents Breach of Duty The Calculus of Negligence Prevailing community or professional practice Temporal Considerations Proof of Negligence Res Ipsa Loquitur (the thing speaks for itself) CAUSATION and REMOTENESS OF DAMAGE Causation Remoteness of Damage Compensation to Relatives Act 1987 (NSW) Damages Survival of causes of action in tort after death - cause of action for a person who has died for the benefit of their estate. Action for loss of consortium Common law employment Voluntary assumption of risk (volenti non fit injuria) Contributory negligence Motor Accidents Imputed contributory negligence Intoxication Plaintiff’s unlawful conduct