2021 02 18 Module 3

Tort law principles center on the elements of causation and the application of defenses in negligence claims. Causation requires satisfying the "but-for" test, as demonstrated in the Barnett case, while *novus actus interveniens* addresses intervening events that break the chain of liability. Defenses to negligence include *volenti non fit injuria*, *ex turpi causa*, and contributory negligence, with the latter serving as a partial defense under Section 21 of the Law Amendment and Reform (Consolidation) Ordinance. Courts determine contributory negligence by assessing the plaintiff's failure to take reasonable care, such as failing to wear a seatbelt, and apportioning damages based on equitable responsibility. Private nuisance involves unreasonable interference with land use, where physical damage constitutes an automatic breach, while intangible interference requires evaluating factors like timing, locality, and the defendant's malicious intent.