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01 Slides CausingHarm Liability

This document discusses different types of legal liability for causing harm, including tort liability, criminal liability, and statutory liability. It outlines the elements required to establish liability for specific torts such as trespass, nuisance, and defamation.

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45 views

01 Slides CausingHarm Liability

This document discusses different types of legal liability for causing harm, including tort liability, criminal liability, and statutory liability. It outlines the elements required to establish liability for specific torts such as trespass, nuisance, and defamation.

Uploaded by

yizzy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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UNSW Business School

Taxation and Business Law

Causing Harm
Legal Consequences and Liability
Learning objectives
• What are the legal consequences of causing harm to
another person? What are the differences between
criminal liability, tortious liability, contractual liability and
statutory liability?
• When will a person be legally responsible for carelessly
harming the person or property of another?
• When will a person be legally responsible for carelessly
causing financial harm to another person?
Forms of legal liability
What is a tort?

TORT = CIVIL WRONG


(OTHER THAN BREACH OF CONTRACT)
Tort of trespass
Tort of trespass to land
• A person commits the tort of trespass to land if:
1. they interfere with another person’s exclusive possession of land;
and
2. the interference is direct; and
3. the interference is either intentional or negligent; and
4. there is no consent or lawful justification for the interference.
• Kelsen v Imperial Tobacco Co Ltd (1957)
Tort of trespass to goods
• A person commits the tort of trespass to goods if:
1. they interfere with another person’s possession of goods; and
2. the interference is direct; and
3. the interference is either intentional or negligent; and
4. there is no consent or lawful justification for the interference.
Tort of trespass to the person
• A person commits the tort of battery if:
1. they cause some sort of physical interference with the body of
another person; and
2. the act is direct; and
3. the act is either intentional or negligent; and
4. there is no consent or lawful justification for the act.
Tort of trespass to the person
• A person commits the tort of assault if:
1. they cause another person to develop an apprehension of
imminent physical contact; and
2. the act is direct; and
3. the act is either intentional or negligent; and
4. there is no consent or lawful justification for the act.
Tort of trespass to the person
• A person commits the tort of false imprisonment if:
1. they cause another person to be totally restrained; and
2. the act is direct; and
3. the act is either intentional or negligent; and
4. there is no consent or lawful justification for the act.
Tort of nuisance
• A person commits the tort of private nuisance if:
1. they interfere with another person’s use and enjoyment of private
land; and
2. the other person has an interest in that land (e.g. they are the
owner or a tenant); and
3. the other person suffers actual harm or damage; and
4. the interference is indirect; and
5. the interference is either intentional or reckless; and
6. the interference is sustained and unreasonable.
Tort of nuisance
• A person commits the tort of public nuisance if:
1. they interfere with another person’s use and enjoyment of public
land (e.g. a street or a park); and
2. the other person suffers actual harm or damage over and above
that suffered by members of the public generally; and
3. the interference is indirect; and
4. the interference is either intentional or reckless; and
5. the interference is sustained and unreasonable.
Tort of defamation
• A person commits the tort of defamation if they publish to
a third party, in spoken or written form, a statement about
another person that would damage the reputation of the
other person.
• The other person must show that:
1. the statement about them was defamatory; and
2. the statement identified them; and
3. the statement was published to a third party.

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