2B.1.1 Tort law Flashcards
1
Q
What is tort?
A
When the claimant has experienced harm and loss. They need to be put back into the position they were in before all the wrongdoing occurred.
2
Q
Types of torts
A
- Negligence
- Defamation
- Nuisance
- Trespass
3
Q
Is tort from Case Law or Acts of Parliament?
A
Tort law is developed by case law rather than acts of parliament.
4
Q
Who could the claimant sue?
A
- Another person
- A charity
- The government
- The UK
- An occupier
- A business
- A council
5
Q
Outcomes to tort cases
A
- Damages = Compensation/Money
- Injunctions = Made to stop or do something.
6
Q
Title layout for cases in tort
A
Claimant v Defendant
7
Q
Who are tort cases taken on by?
A
Cases in tort law are taken on by the claimant, not the state.
8
Q
Aspects of negligence
A
- Duty of care
- Breach of duty
- Causation
- Damages
9
Q
Burden of proof
A
Claimant must prove liability of defendant
