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Introduction Notes

GDL Law Notes > GDL Tort Law Notes

This is an extract of our Introduction document, which we sell as part of our GDL Tort Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.

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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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