(A 1-day seminar on “legal remedies for wrongful actions”)

Ignorance is not a privilege. It is your misfortune. What you do not know can hurt you. “Torts” means “wrongful acts”.

If someone has wronged another person, what are his legal rights? The law of torts has the answer. There are various types of torts or wrongful acts that can be committed such as negligence, nuisance, trespass, harassment and defamation. Participants will learn the basic torts/wrongful acts and its remedies in this course.

Video training materials will be used to enhance learning.

Course Outline

Negligence

• duty of care
  
• breach of duty: standard of care
  
• causation and intervening acts
  
• foreseeable harm
  
• omission in rescue cases
  
• control of land & dangerous things
  
• economic loss & nervous shock cases
  
• precautions & warnings
  
• children, sport
  
• egg shell skull rule
  
• defective product liability
  
• damage must be foreseeable and too ‘remote’

Nuisance

• private nuisance, public nuisance
  
• harassment
  
• interference with enjoyment of land
  
• duration of interference
  
• abnormal sensitivity
  
• public benefit
  
• malice & negligence: who can sue?
  
• Who is liable?
  
• defences, damages, injunction and abatement      
  
• public health & public rights protected
  
• convenience: obstruction of highway
  
• safety: dangers to highway & roads
  

Employers’ Liability

• proper plant & equipment
  
• competent staff
  
• safe place of work: Workplace, Safety & Health Laws
  
• SARS, infection control & the law
  
• defences
  
• volenti non fit injuria
  
• contributory negligence

Dangerous Premises

• liability of occupiers to visitors & trespassers         
  
• independent contractors
  
• warning & acceptance of risk
  
• exclusion of liability
  
• landlords & tenants

Strict Liability

• rule in Rylands v Fletcher
  
• dangerous things & non-natural use
  
• escape: who can sue?
  
• defences, consent, damages
  
• fire, animals
  
• vicarious liability, vehicle drivers
  
• liability for independent contractors
  
• statutory duties & common law duties
  
• master & servant

Defective Products

• manufacturers’ duty
  
• intermediate inspection
  
• causation & contributory negligence
  
• warning & continuing duty
  
• defects, type of loss
  
• defences & limitations
  
• development risks & consumer protection
  
• Case-study
  
• The Slim 10 case

Trespass to Land

• airspace & subsoil
  
• interference & justification
  
• rights of entry
  
• possession: who can sue?
  
• trespass and nuisance
  
• remedies available

Trespass to the Person

• battery & assault
  
• criminal injuries
  
• false imprisonment
  
• defences: consent, lawful arrest & self defence
  
• malicious prosecution
  
• malice & damage

Defamation

• what is defamatory?
  
• libel & slander
  
• publication & reference to plaintiff
  
• truth & justification
  
• absolute privilege & qualified privilege
  
• what is “fair comment”?
  
• matters of public interest
  
• malice

                           
Contracts Restraining Work Elsewhere

• non-competition clauses
  
• inducing Breach of Contract
  
• competitors

Defences and Limitation

• voluntary assumption of risk
  
• knowledge, agreement
  
• excluding liability, illegality
  
• inevitable accident & necessity
  
• standard of care – children, the infirm, workmen, emergency
  
• personal injuries & death
  
• persons under a disability

Remedies and Death

• types of damages: general and special monetary awards
  
• medical and other expenses
  
• loss of earnings & salary
  
• pain & suffering
  
• loss of amenity
  
• damage to property
  
• mitigation & interest on damage
  
• injunction
  
• fatal accidents & death

Course material will be provided and would serve as an invaluable reference guide. Participants will also benefit from the lively interactive session with the lecturer who is a well-known author of law books.

Formal lectures on principles of law and practice followed by case-studies and case-presentations and educational video presentation to reinforce the practical applications of the law in a real life environment.