Tort law at Gibraltar (BOT)
Tort law in Gibraltar, a British Overseas Territory, is primarily based on English common law, with adaptations to suit local circumstances. The legal framework governing torts in Gibraltar includes the Contract and Tort Act 1960, which codifies various aspects of tort law, and the English Law (Application) Act 1962, which incorporates certain English statutes into Gibraltar's legal system.
⚖️ Legal Framework
1. Contract and Tort Act 1960
This Act consolidates and reforms the law relating to contracts and torts in Gibraltar. Notably, it addresses occupiers' liability, establishing that occupiers owe a duty of care to ensure that visitors are reasonably safe while on their premises. Section 19 of the Act outlines the "common duty of care" owed to visitors, allowing occupiers to modify or exclude this duty through agreement .
2. English Law (Application) Act 1962
This Act declares the extent to which English law is in force in Gibraltar. It applies English common law and certain statutes to Gibraltar unless they are specifically excluded or modified by local legislation. This incorporation ensures that Gibraltar's tort law aligns closely with that of England, providing consistency and predictability in legal matters .
🧾 Key Tortious Acts
Gibraltar's tort law encompasses various wrongful acts, including:
Negligence: Failure to exercise reasonable care, resulting in harm to another person.
Occupiers' Liability: The duty of occupiers to ensure that visitors are reasonably safe while on their premises.
Defamation: False statements that damage a person's reputation.
Trespass: Unauthorized entry onto another person's property.
Nuisance: Interference with a person's enjoyment of their property.
🧑⚖️ Judicial System
Gibraltar's judiciary is based on the English legal system and includes:
Supreme Court: Handles both civil and criminal cases.
Court of Appeal: Hears appeals from the Supreme Court.
Magistrates' Court: Deals with less serious civil and criminal matters.
The highest court of appeal for Gibraltar is the Judicial Committee of the Privy Council in London .
⚠️ Defences to Tort Claims
Common defences in tort cases in Gibraltar include:
Contributory Negligence: The plaintiff's own negligence contributed to the harm suffered, potentially reducing the defendant's liability.
Volenti Non Fit Injuria: The plaintiff voluntarily accepted the risk of harm.
Consent: The plaintiff consented to the act that resulted in harm.
Necessity: The defendant's actions were necessary to prevent greater harm.
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