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Tort Law - Elements test

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Tort Law - Elements test

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Elements of Tort law

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United Kingdom

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Tort Law - Elements test
 

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Tort Law - Elements testOnline version

Elements of Tort law

by Scarlett Whitthread
1

Origin : Blyth v Ltd
Duty of
Breach Of ( 5 )
- Characteristics of
- Characteristics of
- of
- How far is it to the
- Any to from the
Causation :
Causation ( )
Causation ( the )

2

Origin : v of
- C must or or the with their own .
- between and
- to the
- sudden

3

Origin : Common law
A has been
By an
in the of

4

Something and on
- - use of
- likely to do if it
- and

5

There must be a with
The must be
No need for to be they are
No need for to or

6

Origin : Occupiers Liability Act + Occupiers Liability Act
Who is the ?
Is a or ?
If then :
- s2 ( ) ( ) - must be for to be than
- s2 ( ) ( ) - can expect a , in the of their , to any
- s2 ( ) ( ) - A may a of
- s2 ( ) ( ) - Occupier is not for the fault of an if they took steps to ensure was
and work was
If then ( ) applies :
- Was D of ( or reasonable grounds for suspecting it exists ) ?
- Was D a may come into contact ?
- Could have been taken to ?

7

must have an in
of the by , which is the source of the nuisance ( 5 factors ) :
- of the
- and
- of the
-
- of
C must suffer

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