Basic Principles- Chapter 1

Question 1

What is tort?

Answer 1

Civil wrong- something the law recognised as being worthy of compensation but not serious enough to be punished by the state.

Question 2

What are the 3 rules of conduct for tort law?

Answer 2

Normative - standard of behaviour everyone is expected to observe.

Provide compensation for the victim - damages or equitable remedies.

Ensure retribution against the tortfeasor- court can impose limits on how people behave.

Question 3

4 types of Common Law Tort.

Answer 3

Negligence- person breaches a duty of care which causes harm to someone else.
Nuisance- interference to the enjoyment of someone’s land.
Defamation- slander (vernal)/Libel(written) damaging to ones reputation.
Trespass- on land or to a person

Question 4

Types of trespass to a person

Answer 4

Assault
Battery
False imprisonment

Question 5

Who has legal capacity under tort?

Answer 5

Any living person. Although a child must have a litigation friend.

Question 6

Claim for negligence needs 3 elements

Answer 6

1. Defendant owed the claimant a duty of care
2. The defendant breached that duty of care.
3. That breach caused a loss which is recoverable by tort law

Question 7

Who has an automatic duty of care?

Answer 7

Road users
Doctors, nurses and other healthcare workers
Employers to employees

Question 8

What is the standard of care?

Answer 8

Measuring the conduct of the defendant against that of a reasonable person in the same situation.

Glasgow corporation v Muir

Question 9

What is required for causation

Answer 9

Claimant must prove on the balance of probabilities that the defendants breach caused their damage.