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.