Chapt 1 tort from spec 2017

Question 1

Define tort

Answer 1

Civil wrong

Question 2

Describe the scope of tort

What are the different types?

Answer 2

Common law ie- nuisance, trespass to land, goods or person, defamation

Statutory
Breach of duty under Occupiers Liability Acts 1957 and 1984

Consumer Protection Act 1987

Question 3

Statutory torts

Answer 3

Occupiers liability Acts 1957 and 1984

Consumer Protection Act 1987

The Animals Act 1971

Question 4

Common law torts

Answer 4

Nuisance

Trespass and trespass to the person

Negligence

Defamation

Question 5

Describe functions of law of tort

Answer 5

Establishing normative rules of conduct

Providing compensation for the victim

Retribution against tortfeasor

Question 6

Definition of negligence

Answer 6

Use def in Blyth v Birmingham Waterworks 1856

“Conduct that falls below the standard of the reasonable man”

Question 7

Elements needed for a claim of negligence

3

Answer 7

Duty of care

Breach of duty

Damage resulting from the breach of duty of care which is worthy of compensation