Tort and Insurance Law

 

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 GROUP COURSES (Max. 6 – min 2)

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In Brief

The word tort comes from the Latin Tortum meaning twisted or wrong. Many interests are protected by Torts and Negligence is by far the biggest source of litigation. Negligence covers personal safety and interests in property. Other types of torts include trespass, nuisance, occupier’s liability and employer’s liability. Where a tort has caused damage, the defendant will be ordered to pay damages to compensate for the loss suffered.

Not all interests are protected and the phrase Damnum sine injuria, describes a situation where the interest of a party is not protected, even though harm has been suffered. For example, where Starbucks opens a café up the street, taking a good slice of customers away from the local café, there will be a loss and less profits for the cafe but this loss is not actionable. Legal proceedings cannot be filed against Starbucks as it has not committed any tort or actionable wrong against the café.  

The Court needs to balance many competing interests in tort claims and there is considerable overlap with Contracts, Criminal law, and Human Rights.
The development of torts and especially negligence has led to an ever-increasing need for insurance with almost 94% of tort cases being based in insurance.

 

What’s in this Module?

Negligence >> learn about the neighbourhood principle, standard of care, causation, remoteness, negligent misstatements and Best Practice   

Other types of Torts >> examine trespass to the person, land, product liability, occupiers and employers liability

Defences, Limitations and Remedies>> study contributory negligence, consent, illegality, exclusions, limitations and the availability of injunctions and self help

 Insurance>> learn and understand the role of insurance, policies, Claims procedure and rejection of claims.    

Exercises

Case Study – A landmark Negligence Case

  • Details and judgment
  • Why is the case important

Writing Corner

>Writing an advice for a client

Notes for giving advice on product liability.