Tort Law Basics Flashcards

What is the 'but for' test in causation?

Answer: But for the defendant's negligence, would the claimant have suffered the damage?

The 'but for' test (Barnett v Chelsea and Kensington Hospital [1969]) asks: but for the defendant's negligence, would the claimant have suffered the damage? If the damage would have occurred anyway, causation is not established.

What is the 'thin skull' (eggshell skull) rule?

Answer: A tortfeasor must take their victim as they find them, even if pre-existing conditions make damage worse

The thin skull (or eggshell skull) rule requires a defendant to take their victim as they find them. If a claimant has a pre-existing vulnerability that makes the damage worse, the defendant is still liable for the full extent of the harm.

What is the test for remoteness of damage in negligence?

Answer: The type of damage must be reasonably foreseeable, even if the extent is not (Wagon Mound [1961])

Under the Wagon Mound test (Overseas Tankship v Morts Dock [1961]), the defendant is only liable for types of damage that were reasonably foreseeable at the time of the negligent act, even if the precise extent was not.

What is 'volenti non fit injuria'?

Answer: A defence that the claimant voluntarily assumed the risk of injury

Volenti non fit injuria ('to one who consents, no injury is done') is a complete defence in tort where the claimant voluntarily and knowingly accepted the risk of injury. If successful, it extinguishes the claim entirely.

What is 'private nuisance'?

Answer: An indirect, unlawful interference with a person's use or enjoyment of land

Private nuisance is an indirect, continuous interference with the claimant's use and enjoyment of their land, or an interference with their legal rights over it. It requires unreasonable interference judged by its type, duration, and locality.

What is 'public nuisance'?

Answer: An act or omission that materially affects the reasonable comfort of a class of Her Majesty's subjects

Public nuisance is an act or omission that endangers the life, safety, health, or comfort of the public, or obstructs the public in the exercise of rights common to all. It is a crime and can also give rise to civil liability.