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(p. 85) 6. Law of torts 

(p. 85) 6. Law of torts
Chapter:
(p. 85) 6. Law of torts
Author(s):

James Marson

and Katy Ferris

DOI:
10.1093/he/9780198759126.003.0006
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date: 27 February 2020

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks.

Tort law is the focus of this chapter. It begins by distinguishing between contractual and tortious liability. It then discusses negligence, common defences to torts, and private nuisance. Negligence involves a breach of a duty to take care, owed in law by the defendant to the claimant, causing the claimant damage. Common defences to torts are illegality, consent, contributory negligence, and necessity. Private nuisance involves unlawful interference with another person’s enjoyment of his/ her land/property which causes the claimant loss (and the loss/damage was reasonably foreseeable). When products cause injury/loss, rather than attempting to claim negligence, a claimant may seek protection through the Consumer Protection Act (CPA) 1987.

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