TORT LAW – THE ENGLISH SYSTEM
OF LIABILITY
OR IG IN S O F TO RT L AW : WR IT S
•Tort law => old English procedural law => writs
•Lord Chancellor => direct plea => Equity
•Procedure Act (1852) => rigid system was relaxed
TO RT S
•Tort definition = tortious liability arises from the breach of a duty primarily fixed by law; this duty is towards
persons generally and its breach is redressable by an action for unliquidated damages
•Trespass to person
•Trespass to land
•Trespass to goods
•Nuisance torsts
TO RT OF NEG LIG ENC E
•Elements: a duty of care - a breach of that duty - consequential damage
•Donoghue v. Stevenson => Atkinian neighbour principle = someone owes a duty of care to everyone who, by
negligent conduct, can suffer foreseeable damage provided there is sufficient proximity between the
wrongdoer and the victim
TH E G ENE RAL DU TY OF CAR E
•Home Office v. Dorset Yacht Co. Ltd = a general duty of care for foreseeable harm ‘ought to apply unless there
is some justification or valid explanation for its exclusion
• Anns v. Merton London Borough Council = a sufficient relationship of proximity or neighbourhood +
necessary to consider whether there are any considerations which ought to negative, or to reduce or limit the
scope of the duty
TH E CAP AR O TEST
•Caparo test => only applies to novel situations, that is, when no previous decision (precedent) can be relied
on
Elements:
•the harm must be reasonably foreseeable
•there has to be proximity between the claimant and the defendant
•imposing a duty of care has to be fair, just, and reasonable
