Chapter 37 Nature of liability in negligence

• What are the 3 types of tort that the law under negligence protects?

  1. personal injury
  2. Damage to property
  3. economic loss
• Alcock v Chief constable of south yorkshire

  The courts have imposed limiatations on who can bring a claim for psuchiatric harm. (this is about the Hilllsborough stadium disaster).
• Negligence and the human rights Act 1998

  Imposes a duty on the state to respect and act consistenly with the European convention on Human rights.

  States that: it is unlawful for a public authority to act in a way which is incompatible with a convention right.

  1. all desicions must be compatible with Human rights act.
  2. The content of the law of tort and the rights and duties that exist between private individuals must include adequate protection of the rights provided for in the Act.
• Aims of tort.

  1. Compensation: recover any losses that arise because of the tortious act.
  2. Corrective justice: Fair for the claimant to be put in the position that they would have been in had the incident not occured.
  3. Deterrence: to prevent future tortious acts.
  4. Vindication: The claimant not only wants to be recompensed but also wants an inquiry to the tortious behavior.
• Types of tortfeasors:

  1. independant (personal)
  2. several
  3. joint
• Whats several liability?

  More than one defendant acting independantly to cause the same damage to the claimant.
• Vision golf ltd v Weightmans (several liability)

  The defendants failiure resulted in the loss of the land. THe wrong advice led to the same damage.
• What is joint liability?

  Can occur in 2 ways.

  1. 2 or more people with a joint purpose commit the same wrongful act. (Brooke v Bool, the lodger and the defendant lit a match causing an explosion in the shop. they were both jointly liable.)
  2. By way of vicarious liability that may arise when an employer is liable for the torts by an employee.