Specific Torts: Negligence, Nuisance & Defamation

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1. Negligence

What is Negligence?

Negligence is the failure to exercise the degree of care that a reasonable person would under similar circumstances, resulting in damage or injury to another.

Legal Definition:

Negligence is the breach of a legal duty to take care, resulting in damage undesired by the defendant to the plaintiff.

Elements of Negligence:

1. Existence of Duty of Care:
   The defendant must owe a duty to the plaintiff to take reasonable care.

2. Breach of Duty:
   The defendant fails to conform to the required standard of care.

3. Causation:
   The breach of duty caused the injury or damage (both factual and legal causation).

4. Damage or Injury:
   Actual harm or loss suffered by the plaintiff.

Key Points:

• Donoghue v. Stevenson (1932) is the foundational case establishing the modern “neighbour principle” for duty of care.

• Standard of care depends on the circumstances and the defendant’s role/profession.

• Defenses include contributory negligence, volenti non fit injuria (consent to risk), and inevitable accident.

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2. Nuisance

What is Nuisance?

Nuisance is an act that unlawfully interferes with a person’s use or enjoyment of their land or property.

Types of Nuisance:

• Private Nuisance: Interference with a person’s use/enjoyment of land.

• Public Nuisance: An act that affects the community or public at large.

Elements of Private Nuisance:

1. Unreasonable Interference:
   The defendant’s act interferes with the plaintiff’s use/enjoyment of land.

2. Continuous or Repeated:
   Nuisance typically involves ongoing or repeated acts.

3. Damage or Loss:
   The plaintiff suffers harm or inconvenience.

Examples:

• Excessive noise, smoke, odors, or pollution.

• Encroachment or obstruction affecting property rights.

Remedies:

• Damages (compensation)

• Injunction (court order to stop the nuisance)

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3. Defamation

What is Defamation?

Defamation is making a false statement about a person that harms their reputation.

Types:

• Libel: Defamation by written or published words.

• Slander: Defamation by spoken words.

Elements of Defamation:

1. False Statement:
   A statement must be false and not an opinion or fair comment.

2. Publication:
   The statement must be communicated to a third party.

3. Injury to Reputation:
   The statement harms the reputation of the plaintiff.

4. No valid defense:
   Defenses include truth (justification), absolute privilege, qualified privilege, and fair comment.

Important Points:

• Truth is an absolute defense in defamation.

• Malice can negate some privileges.

• Defamation laws balance freedom of speech and protection of reputation.

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Summary Table

Tort	Key Aspect	Main Elements	Common Remedies
Negligence	Carelessness causing harm	Duty, breach, causation, damage	Damages
Nuisance	Interference with property use	Unreasonable interference, damage	Damages, injunction
Defamation	False harm to reputation	False statement, publication, injury	Damages, injunction