3.1 Rules of Tort Law Flashcards
When was fault first introduced and what were civil cases like befroe
Cambridge Water v Eastern Counties Leather (1994)
- Fault was not always necessary for damages to be paid
In what torts are fault required
negligence
occupiers liability
psychiatric damage
pure economic loss caused by negligence misstatement
what torts is fault not always required in
nuisance
Ryland v Fletcher
Vicarious liability
What is the standard of proof in tort law
balance of probabilitites
what does ‘balance of probabilities mean’
how likely is it the C is telling the truth
how do defences work in tort law
divert blameworthiness from defendant to claimant, suggesting they are responsible for their own damages
what are the 2 remedies for a succesful action
damages and injunctions
in terms of remedies, what is damages
money calculated to return C to position before the tort was commited
in terms of remedies, what is an injuction
a court order to stop doing something
what tort are injuctions more common in
tresspass and nuisance
