TORT

• What is a tort?

  A tort is intended to signal appropriate norms of conduct.
• Who enforces tort law?

  Enforcement is a matter for the person wronged, not the state.
• What does "bargaining in the shadow of the law" mean in tort law?

  It means the wronged person can approach the wrongdoer to make their own agreement on how to address the infringement.
• What is the purpose of the monetary sum given in tort law?

  It compensates the claimant to restore them to the position they would have been in if the wrong had not occurred.
• What are the typical elements of all torts?

  Loss or damage, causation, and responsibility.
• What does "loss or damage" refer to in tort law?

  It refers to the claimant seeking compensation for some form of loss or damage.
• What is meant by causation in tort law?

  There must be a causal relationship between the wrongdoing by the defendant and the loss to the claimant.
• What does responsibility entail in tort law?


  The defendant usually must have been at fault, except in cases of strict liability.
• What are the two parties typically involved in a tort case?


  The defendant and the claimant.
• How does causation of loss affect the relationship between the defendant and the claimant?

  Causation of loss joins the defendant and the claimant in a normative reciprocal embrace.
• What are the titles associated with tort law?

  • Compensation/reparation: to restore the claimant's position.
  • Appeasement: to prevent private vengeance.
  • Justice: the offender should suffer for wrongdoing.
  • Deterrence: to prevent future wrongs.
• What is the definition of battery in tort law?

  A battery is direct and unintentional physical contact with another person without lawful justification.
• What is an example of acceptable contact in everyday life?

  Brushing past someone on a train, as seen in Cole v Turner (1704).
• What was the ruling in Collins v Wilcock [1984] regarding acceptable physical contact?


  The police officer could not hold the woman as it exceeded acceptable physical contact without lawful justification.
• How can consent affect the definition of battery?

  Consent to contact can preclude battery, meaning if you consent, it may not be considered a battery.
• Can a patient refuse medical treatment, and under what circumstances?


  A patient can refuse medical treatment even if unreasonable, but doctors may ignore the refusal if the patient is incapable of making that decision.
• What is 'best interests necessity' in medical treatment?

  Doctors can intervene without consent if the patient is incapable of giving consent, such as being unconscious.
• What must be true for physical contact to be considered a battery?

  The physical contact must be direct and intended.
• What was the ruling in Scott v Shepherd regarding directness in battery?

  The court ruled that the physical contact was still direct even though the squib was thrown multiple times before injuring the claimant.
• What does it mean for contact to be intended in battery cases?

  Battery must be intentional, meaning there is a conscious and voluntary contact with the claimant's body.
• Does harm need to be intended by the defendant in a battery case?

  No, harm need not be intended; the tort is actionable per se without proof of injury or damage.
• What constitutes unlawful contact in battery cases?

  The contact must be unacceptable in the ordinary affairs of life.
• What is a potential defense to a battery claim?

  Necessity can be a defense if the battery was necessary to prevent harm.
• What does the Mental Capacity Act 2005 allow in terms of medical treatment?


  It allows treatment to be conducted on individuals who lack mental capacity to consent.
• What is self-defense in the context of battery?

  Self-defense allows a defendant to use force to protect themselves or others, but it must be proportionate.
• What is the definition of assault in tort law?

  An assault is an intentional act that directly causes the claimant to reasonably apprehend unlawful force.
• What does 'intentional act' mean in the context of assault?

  An intentional act means the act must be voluntary.
• What is required for an act to be considered an assault?

  The act must directly cause the claimant to apprehend unlawful force without any intervening act.
• How can a claimant's apprehension be caused?

  The apprehension can be due to the defendant's actions, words, or even silence.
• What must be true for the apprehension to be reasonable?


  There must be a real prospect of the battery being carried out, even if it is never actually carried out.
• What is the standard for determining reasonable apprehension of an imminent battery?

  The test is objective, asking whether a 'reasonable man' would have apprehended an imminent battery.
• What is the definition of intentional infliction of harm?

  It is an action on the case for the intentional causation of harm without just cause or excuse, where harm is not too remote.
• What are the elements of the tort of intentional infliction of harm?

  Harm must be caused, which can include physical injury or recognized psychiatric injury, and the harm must be intended.
• What does it mean for harm to be intended in the context of intentional infliction of harm?


  The defendant must have intended the result or the harm must have been caused through acts where intention can be imputed.
• What does 'without just cause or excuse' mean in intentional infliction of harm?

  It means if there is a justification for the defendant's action, they may escape liability.
• What does the Protection from Harassment Act 1997 protect against?

  It protects against a course of conduct that amounts to harassment, where the person knows or ought to know their conduct amounts to harassment.
• What constitutes a 'course of conduct' under the Protection from Harassment Act?

  A course of conduct means conduct on at least two occasions, which can include speech.
• How is the knowledge of harassment determined under the Protection from Harassment Act?


  It is determined by an objective test, considering the context of the situation.
• What are the exemptions to harassment under the Protection from Harassment Act?

  There is no harassment if the conduct is for preventing or detecting a crime, if the defendant has legal authority, or if the conduct is reasonable in the circumstances.
• What is false imprisonment in tort law?

  False imprisonment is an intentional act that directly brings about the claimant's confinement to a particular place.