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Remedies In Tort Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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A more recent version of these Remedies In Tort notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

REMEDIES IN TORT FACTORS TO BEAR IN MIND WHEN DECIDING ON A REMEDY

? ADR?
? cost / benefit - if loss minimal, will cost outweigh benefit?
? can D pay damages if awarded?
? does C need immediate remedy: interim injunction / interim payment LIABILITY Elements of tort Causation

? factual causation o general rule: but for test
? legal causation o NAI, the more foreseeable, the less likely to break the chain o sometimes considered part of remoteness - D only liable up to point chain breaks Remoteness

? non-intentional torts o the Wagon Moundforeseeability (slight likelihood) of the particular kind of damageif kind of damage foreseeable, full extent recoverable

o scope of duty - SAAMCO defenceeven if damage is foreseeable, NOT recoverable if outside scope of DOC owed to Csometimes seen as part of principle of DOC

? intentional torts o directness: tortfeasor liable for all consequences of tort, even though NOT reasonably foreseeable

o applies to:deceit ref: misreptrespassharassment

Egg shell rules

? egg shell skull o D takes V as finds them
? egg shell bank balance

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