Prawo deliktów

Duty of Care — A defendant owes a duty of care where harm is reasonably foreseeable, there is sufficient proximity between the parties, and it is fair, just, and reasonable to impose a duty (Caparo Industries v Dickman [1990]).

Breach of Duty — The defendant must fall below the standard of care expected of a reasonable person in their position. Relevant factors include the likelihood of harm, severity of potential injury, cost of precautions, and social utility (Bolton v Stone [1951]).

Causation — The claimant must show that 'but for' the defendant's breach, the harm would not have occurred (Barnett v Chelsea & Kensington Hospital [1969]). Legal causation requires the damage not to be too remote (The Wagon Mound [1961]).

Vicarious Liability — An employer is liable for torts committed by employees acting in the course of their employment (Lister v Hesley Hall [2001]).

Occupiers' Liability — Occupiers owe different duties to lawful visitors (Occupiers' Liability Act 1957) and trespassers (Occupiers' Liability Act 1984).

Defamation — A false statement that damages a person's reputation. Libel (written) and slander (spoken) are governed by the Defamation Act 2013, which requires claimants to show serious harm to reputation.

Private Nuisance — Unreasonable interference with a person's use or enjoyment of their land. The court balances the nature of the locality, duration, and sensitivity of the claimant (Sturges v Bridgman [1879]).

Contributory Negligence — Damages may be reduced where the claimant's own negligence contributed to their injury (Law Reform (Contributory Negligence) Act 1945).