6.2. Specific Torts

6.2. Specific Torts and Case Analysis

Part A: Concept & Reading

Tip: Hover over dotted text for Turkish translation.

1 Defamation (Hakaret / İtibar Zedelenmesi)

Defamation constitutes a false statement made about a person that damages their reputation. In English law, it is divided into two forms:

• Libel: Defamation in a permanent form (e.g., written in a newspaper, email, website, or broadcast on TV).
  It is actionable per se (without proof of damage).
• Slander: Defamation in a transitory (temporary) form, usually spoken words or gestures.
  The claimant usually must prove actual financial loss.

Key Defenses: Truth (formerly Justification) and Honest Opinion (formerly Fair Comment).

2 Nuisance (Rahatsızlık Verme)

Nuisance is an interference with a person's enjoyment of their land or rights.

Private Nuisance

Unreasonable interference with a person's use or enjoyment of their land. (e.g., loud noise, smells, tree roots).

Public Nuisance

An act that affects the comfort or safety of the public at large. (e.g., blocking a highway). This is also a crime.

3 Trespass (Mülke/Şahsa Tecavüz)

Direct interference with a person, their land, or their goods without lawful justification. It is actionable per se.

• Trespass to Land: Entering someone’s land without permission.
• Trespass to the Person: Assault, Battery, and False Imprisonment.

Part B: Vocabulary Focus

Foreseeability The ability to reasonably anticipate the possible results of an action.

Proximate Cause The primary cause of an injury. Limits liability to consequences related to the act.

Strict Liability Liability imposed without fault. Defendant is liable even if not negligent.

PART C: INTERACTIVE EXERCISES

Exercise 1: Categorize (Libel vs. Slander)

Click the buttons to categorize scenarios into LIBEL (Permanent) or SLANDER (Spoken).

1. John tells a group of people at a bar that his boss is a thief.

2. A newspaper prints a false story about a celebrity taking drugs.

3. An employee sends an email to the whole company accusing a colleague of fraud.

4. A radio presenter makes a false claim about a politician during a live broadcast.

5. Sarah uses a hand gesture to suggest her neighbor is crazy while talking over the fence.

Exercise 2: Case Study (Donoghue v Stevenson)

The "Snail in the Bottle" Case

Mrs. Donoghue found a decomposed snail in her ginger beer. She fell ill. She had no contract with the manufacturer (Stevenson) as her friend bought it.
Holding: Manufacturers owe a duty of care to the ultimate consumer.

1. Why couldn't Mrs. Donoghue sue for "Breach of Contract"?

a) Because the snail was not dangerous. b) Because she did not buy the drink herself; there was no privity of contract. c) Because the contract was void.

2. What legal principle was established in this case?

a) The Neighbour Principle (Duty of Care in Negligence). b) The Postal Rule.

3. According to Lord Atkin, who is your "neighbour"?

a) Only the person living next door. b) Persons so closely affected by my act that I ought reasonably to have them in contemplation.

Exercise 3: Match Legal Concepts

Select the correct definition for each term.

1. Strict Liability

-- Select Definition -- Unreasonable interference with land use (e.g. noise) Liability without proof of fault or negligence Direct interference with person/land/goods

2. Trespass

-- Select Definition -- Liability without proof of fault Direct interference with person/land/goods without permission Legal cause limiting liability

3. Private Nuisance

-- Select Definition -- Unreasonable interference with a person's use of their land Direct interference with person Reasonable anticipation of results

4. Proximate Cause

-- Select Definition -- Interference with land The legal cause that limits liability to foreseeable consequences Reasonable anticipation

5. Foreseeability

-- Select Definition -- Liability without fault Legal cause Reasonable anticipation of the potential results of an action

Exercise 4: Identify the Tort

1. Blasting rock (ultra-hazardous) hits a pedestrian despite care.

Choose... Negligence Strict Liability Nuisance

2. Factory smell prevents neighbors from opening windows.

Choose... Trespass Private Nuisance Slander

3. Guard locks customer in office, suspecting theft (customer stole nothing).

Choose... False Imprisonment Libel Negligence

Exercise 5: Text Completion

WORDS: foreseeable | strict liability | libel | nuisance | actionable

"If a newspaper publishes a false statement damaging someone's reputation, this is called (1) . Unlike slander, it is usually (2) per se. In environmental cases, if a factory pollutes a river, neighbors might sue for (3) . However, if a company engages in dangerous activities like storing explosives, they may be held under (4) , meaning they are responsible for damage even if they were not negligent. In all negligence cases, the damage must be (5) ."

Ex 1: Libel (2, 3, 4); Slander (1, 5).

Ex 2: 1-b, 2-a, 3-b.

Ex 3: 1-B, 2-C, 3-A, 4-D, 5-E.

Ex 4: 1. Strict Liability, 2. Private Nuisance, 3. False Imprisonment.

Ex 5: 1. libel, 2. actionable, 3. nuisance, 4. strict liability, 5. foreseeable.