1 - The rules of tort

Question 1

what is tort

Answer 1

allows a person to claim compensation when they have been injured or their property has been damaged.

Question 2

Burden of proof in tort

Answer 2

is on the claimant

Question 3

Cambridge water v eastern counties leather 1994

Answer 3

introduced the need for fault in negligence, before fault wasn’t necessary for damages to be paid

Question 4

What torts do not require fault

Answer 4

Nuisance
RvF
Vicarious liability

Question 5

Funding

Answer 5

In Civil cases it is generally the rule that the loser pays the winner’s legal costs in addition to their own costs

Question 6

Defences

Answer 6

the different defences work by proving that the claimant was in some way responsible for their own damage

Question 7

Remedies

Answer 7

damages - money calculated to return the claimant to their orginal position before the tort took place
Injunctions – a court order to stop (often happens in trespass and nuisance cases)