Law in Ireland

Home » TORT LAW HELP

Category Archives: TORT LAW HELP

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.
cover
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

 

 

Irish Law: The Irish Legal system for Beginners

A guide to the Irish Legal System with a user-friendly index. The compact format of this pocket-sized booklet makes it ideal for the reader to access information which they can carry around in their purse or coat which makes it convenient and suitable for daily life.

Law and the legal system are at the heart of all aspects of life in Ireland, from buying a cup of coffee on the way to work to investing in your first (or any home), getting a job to opening a new business, law surrounds our every move, yet most people living in Ireland are unaware of its impact on their daily lives.

legal-system

The first time most people encounter the law is either, in a small civil matter, like contract issues, or minor road traffic offences, such as parking illegally or speeding etc.This basic introductory PocketBook is just that, a layman’s guide, it is not meant to be an academic text book, it is merely a guide, however, saying that, many first year law students on the CPA, ATI and ACCA courses as well as year one legal proactive and LLB students find it invaluable as it introduces all the rules and principles in plain English and they can then get on with the important task of learning the terminology once they come to grasps with the principles.

There is a self-test MCQ at the end of the book AND answers.

So what’s inside

What is a legal system
What is a crime
The distinction between criminal and civil cases
The burden and standard of proof
Classification of Laws
Substantive Law
Procedural Law
Civil Law
Criminal law
Natural Law
Canon law
The Rule of Law
Common law compared to Civil law
Common Law
Civil Law
Pre Common Law in Ireland
Brehon Law
Sources of law in Ireland
European Community Law
The Doctrine of Supremacy
The European Community Treaties
Regulations
Directives
The EC institutions
The Organs of the EC
The Irish Constitution
Fundamental personal rights guaranteed under the Irish constitution
Common-Law
Acts of the Oireachtas or Legislation
Primary Legislation
Delegated Secondary legislation
Associated Statutory Instruments
The Rule of Law
The Separation of Powers
The Attorney General
The Organs of State
The President
The Executive
The Legislative
The Judiciary
Judicial Independence
The legislative process in Ireland
Statutory Interpretation
Aids to Interpretation
Intrinsic aids
Extrinsic aids
Interpretation Acts
The Law of Equity
Equitable Remedies
An Introduction to the Irish Court System
The District Court in Ireland
The Small Claims Court
The Circuit Court in Ireland
The High Court in Ireland
Structure of the High Court of Ireland
The Court of Appeal in Ireland
The Supreme Court in Ireland
The lighter side of the law
Multiple Choice Questions
page

 

pocket-watch-598039

%d bloggers like this: