7. Torts Flashcards
Does the law of torts relate to civil (private) or public wrongs?
Civil
It attempts to compel the wrongdoer (tortfeasor) to compensate an injured party for their losses
What are some of the circumstances for tort law?
Mostly in the commercial world, through circumstances like misrepresentation, deceit, manufacturers negligence, negligent advice, defamation
What is ‘ubi jus, ibi remedium’?
Where there is a right there is a remedy
What is ‘damnum absque injuria’?
A loss or damage without a wrong
What is the difference between criminal law and tort law?
Criminal law is the Crown against the wrongdoer. The Crown must prove their case beyond reasonable doubt. With Tort law the main objective is to compensate the injured party. It is possible for a wrongdoer to be charged in both
What is the difference between contract law and torts?
These are both civil actions. Contract is more concerned with the performance of promises arising from the agreements and the law of torts is to protect both community and private rights and to allow for compensation. both can apply to a case
What is Negligence?
Basically carelessness by one party which has led to an in jury or loss of another party who was owed a party of care
What is a duty of care?
There are three types
Physical Proximity - Neighbour
Circumstantial Proximity - Professional and Client
Casual Proximity - Closeness or directness
What is factual causation?
The general test, if everything else was the same and the defendant was not negligent would this still happen?
What must the plaintiff prove if someone was negligent?
The defendant had a duty of care to the plaintiff
Has the defendant breached this duty? the two factors to consider are was there a degree of foreseeable risk created by the defendant? and did they respond reasonably to this risk? oyster farm - hepatitis
What are some common defences against negligence?
If they consented to the injury - sky diving
Contributory negligence - their fault as well
The conducted an illegal act
Unavoidable - no one fault
Self defence
What is vicarious liability?
A duty imposed by law whereby the principal is liable for the actions of their agent or some other authorised person
What is defamation?
Occurs when a person makes a damaging statement about one person to another, this is both a tort and possibly criminal wrongdoing
