TAILIEUCHUNG - Lecture Fundamentals of business law (7/e): Chapter 3 - M.L Barron

Chapter 3 - The law of torts. At the end of this chapter you should understand: the difference between a tort and a crime, the elements of the tort of negligence and its applications, the amendments made to the common law of negligence by civil liability statutes, defences to negligence, torts against persons, torts against chattels, tort of nuisance, tort of defamation, changes to Australian defamation law, doctrine of vicarious liability. | This is the prescribed textbook for your course. Available NOW at your campus bookstore! The law of torts Chapter 3 Learning objectives At the end of this chapter you should understand: the difference between a tort and a crime the elements of the tort of negligence and its applications the amendments made to the common law of negligence by civil liability statutes defences to negligence torts against persons torts against chattels tort of nuisance tort of defamation changes to Australian defamation law doctrine of vicarious liability. Introduction: what is a tort? A tort is a civil wrong aimed at protecting individuals against infringements of their own personal rights. These infringements may be against another’s property, reputation or person. The law of torts provides rules of conduct that regulate how members of society interact, and remedies if the rules are breached and damage is suffered. Types of torts Unintentional Tort of negligence Intentional Torts against the person assault battery false imprisonment Torts against chattels trespass against goods conversion of goods detinue Torts against land trespass against land public nuisance private nuisance Tort of defamation Tort of negligence Definition: A duty is imposed on a person by law to act with care towards others. If this duty exists and there is a failure to act carefully and another suffers loss, then the tort of negligence is committed. Prerequisites: A duty of care must be owed by one person to another. There must be a breach of that duty of care. Damages (physical or financial) must have been suffered as a result of the breach of duty. Historical development of the law of negligence Donoghue v. Stevenson (1932) AC 562 snail in a bottle of ginger beer From this case, the legal principle known as the 'neighbour principle' developed. This principle indicates to whom a duty of care applies, based on: foreseeability proximity. Neighbour principle 'You must take reasonable care to avoid acts or .

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• Business law
• Fundamentals of business law
• Lecture Fundamentals of business law
• Contract law
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• The law of torts
• Dynamic business law
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• Legal environment of business
• Criminal law
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• Classification of law
• Law of torts
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