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Introduction Notes

GDL Law Notes > GDL Tort Law Notes

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Tort Law : Introudction????

'A tort is an injury, other than a breach of contract, which the law will redress with damages' (Fleming) eg 'personal injury'; 'defamation'; 'nuisance'; 'professional negligence' 'strict liability'---automatically liable without fault. VS 'fault liability'. Tortfaesor (defendant) vs wronged (claimant) Some torts actionable per se : possible to establish without showing you have suffered damage, without proof of loss. Remedy: monetary compensation, damages. Maxim: level of compensation must suit the tort. Distinguished from other wrongs: o Crime: crime is public law; law of tort is form of private law, between individuals. o Contract: Contracts give rise to duties voluntarily undertaken by a specific party owed to another specific power. Tortious duties are of general application. Law of obligations =
contract law and law of tort, combined. o Equity: equitable remedies, such as specific performance, the trust, and the equity of redemption.

?????Interests protected o Physical harm to person (trespass, negligence). o Psychiatric harm (negligence, trespass). o Physical harm to property (negligence, nuisance). o Loss of reputation (defamation--). o Loss of enjoyment of land (nuisance). o Pure economic loss (negligence, public nuisance). o ['consequential' financial loss?]
o [Privacy (negligence, trespass to land, nuisance)?]Role of public policy o Possible to detect hand of policy in many landmark judgements.

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