Assume that C is the person harmed and D the appropriate defendant.

Look at the chart which illustrates how ten incidents might be analysed by a
Tort Lawyer.
EVENTS TYPE OF DEFENDANT’S POSSIBLE TORT COMMENTS
HARM BEHAVIOUR

C is run down by D who was Physical injury Careless/ negligent Negligence If D was an employee driving in the course of employment,
not concentrating. the employer would also be vicariously liable.

C is punched by D
C is told by D who wants to
upset her that her husband
has been badly injured in a
car crash
Physical injury Intentional act Trespass to the person This is also a crime
– battery
Psychiatric injury Intentionally causing The tort in Wilkinson v As this is not assault or battery or negligence a different
harm Downton tort is required

C sees her children injured Psychiatric injury Careless/ negligent Negligence There are restrictive rules about liability for nervous shock
by the careless driving of D
and she suffers from PTSD

C receives bad financial Pure economic Careless/ negligent Negligence There are restrictive rules about liability for pure economic
advice from D and loses loss loss
money

C’s house is destroyed by Property damage Careless/ negligent Negligence C would probably also be able to sue in contract
C’s careless building work

C cannot sleep because of Intangible Unreasonable in the Private nuisance C must own the land affected by the nuisance. There is no
the all-night noise coming interference with circumstances need for D’s behaviour to be negligent. D’s behaviour
from D’s factory enjoyment of must be unreasonable for C to be successful. C may seek
property an injunction.

C sees D walking across C’s Direct interference Intentional act Trespass to land For trespass D’s act must be intentional
garden with land