Basics

Question 1

what is tort law?

Answer 1

a branch of civil law that allows people to claim compensation when they have been injured or their property has been damaged

Question 2

what’s the burden and standard of proof in tort law?

Answer 2

burden of proof that the defendant is liable is on the claimant
standard of proof is ‘on the balance of probabilities’

Question 3

what case introduced fault into tort law?

Answer 3

cambridge water v eastern counties leather

Question 4

what torts require fault?

Answer 4

negligence
occupiers liability
psychiatric damage
pure economic loss by negligent misstatement

Question 5

what torts don’t require fault?

Answer 5

nuisance
Rylands v Fletcher
vicarious liability

Question 6

what are the factors taken into consideration in policy decisions?

Answer 6

loss allocation
floodgates
the practical impact of imposing liability

Question 7

why are there limits on pure economic loss and psychiatric injury?

Answer 7

pure economic loss could bring miniscule claims e.g. £1
psychiatric injury can have fraudulent claims and costs to have proof of diagnosis