Fault

• Fault?


  how/why an accident happened and that it was as a result of a wrongdoing
• Strict Liability?


  No fault
• Fault torts?


  negligence, occupiers liability, pure economic loss, psyciatric injury
• Strict Liability torts?


  Private nuisance, Rylands v Fletcher, Vicarious liability
• Negligence?


  estabiles through DOC- Caparo v Dickman

  needs evidence and takes time no evidence no liability
• Occupiers liability?


  Doc already established for lawful

  trespasser- awareness, vicinity, reasonable

  1957 and 1984 act
• Economic loss?


  based on negligence

  has to show special relationship, establishes fault

  opens floodgates
• Psyciatric?


  claim based on negligence

  secondary- mental injury, severe enough to cause loss
• Private nuisance?


  don't need to show interference

  Instead consider 5 factors- establishes claim

  mallice- may prove fault, deliberately aimed
• Rylands v Fletcher?


  don't prove fault

  four factors- bringing onto land,non natural use, material escapes, damage is reasonably foreseeable
• Vicarious Liability?


  no fault as it is already on employer as they should have been supervised or been in control

  proven they are an employee and time of employment