5. Tort and Negligence

Question 1

What is meant by Tort?

Answer 1

A civil action - NOT based upon the Law of Contract

often based upon the ideas of fault and compensation

Question 2

What are the basic functions of Tort Law?

Answer 2

1. To allow those injured to have a feeling of justice for their injuries
2. To be used as deterrent and get indviduals to stop doing certain actions.
3. Provide a system of compensation for those who are injured.
4. perhaps a method to make society more efficient

Question 3

In the Law of Negligence, the claimant brings an action against the defendant and must prove what THREE things…

Answer 3

1. the defendent owed the claimant a duty of care
2. the defendant breached the duty of care
3. the breach of duty of care caused the claimant’s injuries.

Question 4

What is the common theme in a negligence claim?

Answer 4

that somebody else must have been at fault - this is crucial!!

the claimant has the burden of proof - must prove these things on a balance of proabilities.