Ghana School of Law PLC: Law of Torts (GLC) key terms

The legal obligation owed by one person to another to take reasonable care, the first element a claimant must establish in negligence before breach, causation and damage are considered.

Lord Atkin's formulation that a person must take reasonable care to avoid acts or omissions likely to injure those so closely and directly affected that they ought reasonably to be contemplated as affected.

Three-part test for duty of care: that harm was reasonably foreseeable, that the parties were sufficiently proximate, and that it is fair, just and reasonable to impose the duty.

The closeness of relationship between claimant and defendant in time, space or connection, used to limit the range of persons to whom a duty of care may be owed.

Wider social, economic or institutional factors a court weighs when deciding whether imposing a duty of care would be fair, just and reasonable, such as floodgates or defensive practice.

Failure to reach the standard of care the law requires of the defendant, judged objectively against what a reasonable person would have done in the circumstances.

The objective benchmark for negligence: what a hypothetical ordinary, prudent person would do, unaffected by the defendant's own idiosyncrasies, inexperience or panic.

A factor in setting the standard of care: the greater the likelihood and seriousness of potential harm, the more precaution the reasonable person is expected to take.

A factor in breach: where the burden of eliminating a risk is disproportionate to the harm it threatens, a reasonable person may justifiably decline to take that precaution.

The standard applied to professionals and skilled persons, who must act in accordance with the ordinary skill of a competent practitioner in that field, not the highest possible standard.

Evidential doctrine allowing negligence to be inferred where the thing causing harm was under the defendant's exclusive control and the accident would not ordinarily occur without negligence.

Proof that the defendant's breach was a necessary condition of the claimant's harm, commonly tested by the 'but for' question: would the harm have occurred regardless?

The primary causation inquiry asking whether, on the balance of probabilities, the damage would have happened but for the defendant's negligent conduct.

An alternative to but-for causation where multiple causes combine to produce indivisible harm and the defendant's breach made a more than negligible contribution to it.

A new intervening act, whether of the claimant, a third party or nature, so independent of the defendant's negligence that it breaks the chain of causation.

The limit on liability confining recovery to damage of a kind that was reasonably foreseeable at the time of the breach, however extensive the actual loss.

The rule that a defendant is liable only for damage of a reasonably foreseeable type, rejecting the older direct-consequence test and replacing it with foreseeability of the kind of harm.

The principle that a defendant must take the victim as found, so an unforeseeably severe injury resulting from a foreseeable type of harm remains fully compensable.

A partial defence where the claimant's own carelessness contributed to the harm, reducing damages by the share the court considers just and equitable.

A complete defence of voluntary assumption of risk, requiring the claimant to have known of the risk and freely consented to run it, whether expressly or by implication.

The bar preventing a claimant from recovering where the claim arises from their own criminal or seriously wrongful conduct, applied with discretion rather than automatically.

The statutory and common law duty an occupier owes to persons entering premises for their safety, with different standards for visitors and for non-visitors such as trespassers.

A person with a sufficient degree of control over premises to be under a duty to take reasonable care for the safety of those who enter them.

A person who enters premises without permission or whose permission has been withdrawn; owed a lesser duty limited to foreseeable personal injury from known or obvious risks.

Strict liability of one party, usually an employer, for torts committed by another, usually an employee, acting in the course of employment or in a relationship akin to it.

The connection between an employee's wrongful act and their work that makes the employer liable, including acts within authorised duties or closely connected with them.

The personal, non-delegable duty of an employer to provide competent staff, adequate plant and premises, and a safe system of work for employees.

An intentional act causing another person reasonably to apprehend an imminent battery, such as a threatening gesture within striking distance.

The intentional and direct application of unlawful physical force to another person without that person's consent, including contact with clothing or objects held.

The intentional and complete restriction of a person's freedom of movement without lawful justification, where the victim need not know of the restraint.

Unjustified direct interference with land in another's possession, such as entering without permission, remaining after permission ends, or placing objects on it.

Direct and wrongful interference with goods in another's possession, such as taking, damaging or moving them, actionable without proof of actual loss.

Dealing with another's goods in a manner inconsistent with the owner's possessory rights, such as selling, destroying or wrongfully retaining them, amounting to a denial of title.

The wrongful detention of goods after a lawful demand for their return, giving the claimant a remedy in damages or recovery of the goods themselves.

Unlawful and unreasonable interference with a person's use or enjoyment of land, judged by factors such as duration, intensity, locality and sensitivity of the claimant.

An unlawful act or omission endangering the comfort, safety or health of a class of the public, actionable by a claimant who proves special damage beyond the general inconvenience.

Strict liability for escape of a dangerous thing brought onto land in the course of a non-natural use, causing foreseeable damage to another's land.

Publication of a false statement to a third party that lowers the claimant in the estimation of right-thinking people or tends to make them shunned or avoided.

The two forms of defamation: libel is defamation in permanent form such as writing, while slander is transient, typically spoken, and generally needs proof of special damage.

The money award compensating a successful claimant, aiming so far as money can to restore the position they would have occupied but for the tort.

The claimant's duty to take reasonable steps to limit their loss after the tort; damages are reduced for avoidable loss the claimant unreasonably failed to prevent.

A discretionary equitable order requiring a party to stop or refrain from a tortious act, such as a continuing nuisance, or occasionally to do something positive.