ABSTRACT

This chapter looks at tort and criminal acts and the ways in which artists might come into contact with these causes of action. The concepts of duty of care, breach of duty of care, causation and damage are necessary to this section, as are the various defences that arise in the field of tort. The chapter uses those involved in public art, installation work and street artists. It discusses the concept of trespass, theft and criminal damage, as well as the sanctions imposed on those found to have committed a crime. The Public Order Act prohibits the use of threatening, abusive, insulting words or behavior within hearing or sight of the victim. Criminal acts are largely regulated by statute but case law developed the concept of torts to deal with a range of activities on which one person could sue another rather than expect the state to prosecute their case.