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The Law of Tort in Ireland
The Law of Tort
Torts are concerned with civil wrongs, whereby one party causes damage to another party.
• Tort is the French word for a “wrong” or Latin for “twisted”.
• Tort is a branch of Civil Law; therefore a tort in law is called a “Civil Wrong”
• Tort law protects a variety of injuries and provides remedies (ways to fix) them.
Torts can be distinguished from legal wrongs:
A Tort is not a breach of contract, where the obligation which is alleged to have been breached arose under an agreement between two parties. A Tort is not a crime, where the object of proceedings is to punish the offender rather than compensate the victim.
Using tort law, an injured party can bring a civil case to seek compensation for a wrong done to the party (plaintiff, or injured party) or the party’s property.
Tort damages or compensation are monetary damages that are sought from the offending party.
They are intended to compensate the injured party for the injury suffered.
The Law of Tort
Types of Tort
Intentional Torts
Trespass to the person
Threats
Silent phone calls
Trespass torts in medicine
Defences to the tort of trespass
Consent
Self-defence
Defence of Third Persons
Lawful Authority
Defence of Property
Duress (pressure or threat)
Trespass to Land
Trespass to Goods
Conversion
Sample conversion
Chose in Action (Intangible Property – Transferable by assignment)
Trespass to Goods – Detinue
Nuisance
Private Nuisance
Locus Standi
Omissions
Damage or Interference
Material Damage
Interference with enjoyment
Magnitude of harm
Nature of locality
Defendant’s motives
Social utility
Defences to Private Nuisance
Remedies
Injunctions
Public Nuisance:
Pure Economic Loss
Remedies
Damages
Injunctions
Private Rented Tenants:
Local Authority Tenants:
Private Homeowner:
Alarms
Passing Off
Elements of Passing off
Defamation
Defences to Defamation.
Defamation Cases in Ireland
Blasphemy
Defamation Act 2010
Defences
Damages
Unintentional Torts
Negligence
Duty of Care
Irish development in duty of care
Foreseeability and Policy Factors
Contributory Negligence
The Standard of Care
Breach (of the duty of care)
Causation
Causes-in-fact
The “but for” Test
Novus Actus Interveniens
Material Contribution test
Bolitho Test
Fairchild
Remoteness
“Cause in law”
The “thin skull” rule.
Professional Negligence
Defences in Negligence
Voluntary assumption of risk (defence of consent)
Illegality
Contributory Negligence
Damages
Strict Liability Torts
The Occupiers Liability Act 1995
Vicarious Liability
Employers Liability
Liability for Defective Products
Liability for Defective Products Act 1991 (No. 28 of 1991)
Rylands V Fletcher:
Statute of limitations
The lighter side of the law
Law of Tort – Multiple Choice Questions
Law of Tort – Multiple Choice Questions – Solutions
Glossary of Terms
Authored by Teresa M Clyne MSc
Teresa Clyne - Law & Mediation 