7/27/2019 Tort Note

1/17

Liability In Tort

Introduction, Vicarious Liability and

Trespass

7/27/2019 Tort Note

2/17

This Week

Nature of Law of Tort:

Crime, Contract and Tort

Vicarious Liability

Trespass

7/27/2019 Tort Note

3/17

The Nature of Law of Tort

Tortious liability arises when a person breaches

his duty sanctioned by the law which is owed

to the public generally giving rise to a remedy

in damagesWinfield: Province of the Law of Tort 1931

7/27/2019 Tort Note

4/17

Nature of Law of Tort

Breach oflegal duty owed by a party toanother

Civil wrong resulting from action or omission

Independent of any contract (no contractrelationship need to be established todetermined duty owed)

Govern by Common Law or statute

7/27/2019 Tort Note

5/17

Nature of Law of Tort

Everyone owes a duty of care to potentially anyone

YOU

Action NOT

Performed

(Omission)

Intentionally or

Unintentionally

Action Performed

Intentionally or

Unintentionally

Professional,

Neighbor,

Civilian,Seller

Buyer etc.

Injury/ Loss

OTHER

Act orOmission

By Others

Causing

Injury and

Loss

7/27/2019 Tort Note

6/17

Who Wants to Claim in Tort?

WHOEVERPassers-by, outsider, visitor, public.. Trespassers?

that suffers

DAMAGES, LOSS, INJURY

DEFECTIVE BUILDINGHAZARDOUS

ENVIRONMENT

ACCIDENTSFAULTY

DESIGN

OPERATION MISHAP

INTERFERENCE GENERAL NUISSANCE

7/27/2019 Tort Note

7/17

Tort Crime

TORT Civil wrong (vs Individual)

Claimed by injured party

Plaintiff v Defendant

Compensation

Show defendant liable

Civil action by civil

procedure

CRIME Offence (vs State)

Charged by police/state

State v Accused

Punishment

Show defendant guilty

Criminal prosecution by

criminal procedure

7/27/2019 Tort Note

8/17

Tort Contract

CONTRACT

Duty to party of contract

(Privity of Contract)

Damages to put injuredparty to position had the

contract been performed

Claim must be made within

six years from time of

breach

TORT

Duty to everyone

(Neighbour Concept)

Damages to restore injuredparty to his original position

Claim must be made within

years from the time damage

suffered

7/27/2019 Tort Note

9/17

Vicarious Liability

A party made liable to an act of negligence due

to others act or omissions under his

responsibility

e.g - an employer held liable in negligence

because of his employees negligence during

work

7/27/2019 Tort Note

10/17

Vicarious Liability

But why..? - Employer has full responsible over working

practices, safety procedures, financial flow apart from

named under insurance companys insurance. Most

importantly, is the name under which the business

benefits from, hence should therefore stand the risks.

As for, Employer - Contractor(maybe, depends) and

Contractor - Sub-contractorin the construction industry

7/27/2019 Tort Note

11/17

Vicarious Liability

Under Master - Servant concept;

Employer has right to control work of hisemployee (Hewitt v Bonvinn, 1940)

Employee carrying out work under company

sname (as in an architect design is named underthe companys name, and not his own)

Employee is acting upon instruction from the

employer (in the course of his employment)

7/27/2019 Tort Note

12/17

Vicarious Liability

However, employer who engages independent

contractoris not liable for their negligence (as long

as he does not authorised the particular action

explicitly or impicitly) Independent contractor is on his own liable for any

of his action or omission

e.g - Architect, Engineer, Specialist Contractor,

Consultants, other Experts etc.

7/27/2019 Tort Note

13/17

Strict Liability

Employer can still be held liable under

vicarious liability, over independent

contractor, where strict liability is in question:

Extra-hazardous activities

Statutory duties

Ryland v Fletchers (1886) - Nuissance

Operation on the highway

7/27/2019 Tort Note

14/17

Trespass

DIRECT

INTERFERENCE

UNAUTHORISED

TRANSGRESSION

AIRSPACEUNDERGROUND

LAND

OF

TRESPASS

CONCIOUS

DECISION TO

ENTER

PROOF OF

DAMAGE: NOT

REQUIRED

CHARGE

UPON

ENTRY

PERSO

NGOODS

7/27/2019 Tort Note

15/17

Trespass

Not a criminal offence, only to give civil remedies..

Meaning, trespasser cannot be shot, but can only befine

Who can sue?Rightful owner to the physicalpossession and control over

Who can be sued?Whoever in which activityconstitutes direct invasion or interference

Governed by Section 5 and 44(1) National Land Code1965

7/27/2019 Tort Note

16/17

Anchor Brewhouse Dev. Ltd v Berkley House Ltd.

(1987)

Minister of Health v Belloti (1944)

Trespass

Trespass v Nuissance

Contractor

s permission to work on site Defences

Remedies

7/27/2019 Tort Note

17/17

End Of Lecture

Any Question?

NEXT WEEKNuissance