BPTC Law Notes BPTC Civil Ligitation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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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
general rule: but for test
legal causation
NAI, the more foreseeable, the less likely to break the chain
sometimes considered part of remoteness - D only liable up to point chain breaks
Remoteness
non-intentional torts
the Wagon Mound
foreseeability (slight likelihood) of the particular kind of damage
if kind of damage foreseeable, full extent recoverable
scope of duty - SAAMCO defence
even if damage is foreseeable, NOT recoverable if outside scope of DOC owed to C
sometimes seen as part of principle of DOC
intentional torts
directness: tortfeasor liable for all consequences of tort, even though NOT reasonably foreseeable
applies to:
deceit ref: misrep
trespass
harassment
Egg shell rules
egg shell skull
D takes V as finds them
egg shell bank balance
if C's loss exacerbated by his impecuniosity (+ inability to mitigate), still recoverable (provided reasonably foreseeable)
PROOF OF LOSS + DAMAGE
C must prove:
fact of loss
NOT extent of loss (court will assess, difficulty of assessment no bar to recovery)
trespass to land: C does NOT need to prove loss
QUANTUM OF COMPENSATORY DAMAGES
Nature of damages
= compensatory - put C in position would have been in had the tort NOT occurred
Time of assessment
when damage occurred (usually accrual)
BUT court has discretion AND likely to exercise in:
PI + death - date of trial
repair to property - date reasonable for C to make repairs
Types of loss recoverable and mode of assessment
PI AND economic loss consequent on PI ref: PI
property damage AND loss consequent on property damage
cost of repair / replacement OR diminution in value (goods irreplaceable / uneconomic to repair e.g. car write off) - common sense, same principles as contract
profit earning property:
cost of cure + loss of profit; OR
diminution in value (includes profit earning potential)
negligent over-valuation of purchased property: diminution in value
interference with property AND loss consequent
permanently deprived: cost of repair / replacement OR diminution in value
temporarily deprived: loss of use
loss of amenity
interference with land AND loss consequent
trespass to land
DON'T need proof of loss (actionable per se)
financial loss arising from loss of use OR fair rent value OR fair easement value
nuisance
= tort against land itself (NOT person)
losses must be referable to effect on land itself
heads of loss:
physical damage to land itself
loss consequent on physical damage to land
loss of amenity (diminution of amenity value of land):
temporary / permanent devaluation of land; OR
SPD (NO diminution in value of land)
remedies
damages
injunction OR damages in lieu
other kinds of personal non-financial damage
loss of liberty
mental distress
that amounts to suffering = PI
falling short of suffering = prima facie NOT recoverable, tacked on to intentional torts
reputation - usually from defamation
inconvenience + discomfort - separate head if NO overlap with loss of amenity; usually modest
damages under HRA
'just and appropriate' - usually modest
ECHR = benchmark
Types of loss NOT recoverable
pure economic loss
general rule: CAN'T recover
exceptions:
negligent misstatement
deceit
slander etc.
loss of chance
cost of remedying defective premises
consequential economic loss
C must have legal OR beneficial interest in property damaged
QUANTUM OF NON-COMPENSATORY DAMAGES
Nominal damages
torts actionable per se where there is no actual loss
Exemplary / punitive damages
recoverable in 3 situations
oppressive, arbitrary, unconstitutional action by govt servants
D's conduct calculated to make profit
statute sanctions
NOT recoverable for: negligence, public nuisance, breach of statutory duty, deceit
quantum = discretion of judge / jury (taking into account D's means)
Aggravated damages
for injury to feelings, caused by malice
academic debate as to whether compensatory or not - usually part of C's general damages
REDUCTION OF DAMAGES
Duty to mitigate
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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