BLB1115 Reading 1 - assign PDF

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BLB1115 READING 1 – CHAPTER 1 NOTES INTRODUCTION TO TORTS

A Tort is a Civil Wrong which consist of individual tortuous actions which are acts or omissions which infringe one or more of a range of rights of an individual recognised by the common law such as:  Rights of personal safety and integrity (torts of assault/ acting intentionally with specific or intentional intent causing reasonable apprehension of an immediate harmful or offensive contact, battery/ trespass to person, false imprisonment and negligence).  Rights associated with the possession and ownership of land (example: the torts of trespass to land, nuisance and negligence) and of persona property (example: trespass to chattels, nuisance and negligence).  Rights associated with economic and commercial interests (example: torts of passing off,1 conspiracy, deceit and negligence).  Personal reputation (defamation).

What is a Torts features?  An act or omission;  The infringement of a legally recognised right; and  An action for damages.

Act or Omission – 1

The tort of ‘passing off’ is an action available where a business wrongly suggests a connection, in the course of trade, with another’s goods or services where there is damage, or a threat of damage to the proprietary interests in the reputation or goodwill that the wronged person has built up1. https://www.williamroberts.com.au/news-and-insights/archive/articles-and-casestudies/The-Safety-Net-That-Catches-Unregistered-Trademarks

 Common law distinction between acts causing harm (misfeasance) and omissions or failures to act resulting in harm (nonfeasance)  Common law provides that a person is under no legal obligation to provide assistance to a person endangered from a source unconnected with that person –  e.g. a good swimmer may be under no duty to help someone in danger of drowning – Quinn v Hill [1975] VR 439  Doctor does not have a legal duty to assist strangers – Lowns v Woods (1996) Aus Torts Reports 81-376

Misfeasance –  Positive actions causing harm  the act must have been voluntary in the sense that the tortfeasor (wrongdoer) knowingly committed the act, but it is not usually necessary that the tortfeasor knew that harm would result from the act; Consolidated Company v Curtis & Son [1892] 1 QB 495.

 Misfeasance inn public office require that the defendant intended to harm the plaintiff – Northern Territory v Mengel (1995)  Fault – term for considering acts or omissions  May consist of intentionally or negligently doing the act that caused the harm...