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M05 > Chapter 2 Key Points > Flashcards

Chapter 2 Key Points Flashcards

1
Q

what is a tort/legal wrong

A

arises from a breach of duty fixed by law
victim can bring an action in tort against the wrongdoer

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2
Q

what is the remedy in tort

A

action for unliquidated damages

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3
Q

what does unliquidated mean

A

amount of damages is not fixed in advance but decided by the court

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4
Q

what is the general purpose of the law of torts

A

to protect people’s rights by allowing them to sue if their interests are invaded, threatened or harmed

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5
Q

what does a defamation tort protect

A

a person’s interests in their reputation

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6
Q

what are the two types of defamation torts

A

libel and slander

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7
Q

what does libel mean

A

the defamatory statement is in a permanent form (i.e. in writing)

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8
Q

what does slander mean

A

the statement is in a transient (non-permanent) form (i.e. speech or gestures)

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9
Q

what does a trespass tort protect

A

a person against deliberate physical harm

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10
Q

what does a private nuisance and trespass to land tort protect

A

a person’s interest in the land they occupy

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11
Q

what does breach of copyright of patent design tort protect

A

a person’s interest in their intellectual property

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12
Q

how can torts be classified

A

by the type of behaviour that the wrongdoer must exhibit and the degree of fault (if any) which is necessary

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13
Q

do torts have to be intentional

A

they can be intentional, or require negligence or other fault, can impose strict liability where no intent or fault is required

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14
Q

what does trespass require

A

direct act by defendant
intentional act by defendant

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15
Q

what are the three forms of trespass

A

to the person
to goods
to land

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16
Q

types of trespass to the person

A

assault, battery or false imprisonment

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17
Q

when does trespass to goods occur

A

when the defendant directly and intentionally interferes with goods in the possession of another

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18
Q

what happens if goods are deliberately dealt with in a way inconsistent with the rights of the owner

A

they can be sued for conversion

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19
Q

what is trespass to land

A

the direct interference with land which is in the possession of another

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20
Q

what are the forms of trespass to land

A

unlawful entry onto the land of another
unlawfully remaining on the land of another
unlawfully placing or throwing any material object upon the land of another

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21
Q

which tort is the most important today

A

negligence

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22
Q

what is negligence

A

failure to take care in circumstances where the law demands that care should be taken

23
Q

what claims does negligence give rise to

A

claims for damages by the person who suffers harm as a result

24
Q

what must a claimant do for an action in negligence to succeed

A

must show a duty of care is owed to them by the defendant
that the defendant breached that duty
that the claimant has suffered damage as a result of the breach

25
Q

what is the leading case on duty of care

A

donoghue v stevenson
(involves a snail in a bottle of ginger beer)

26
Q

which principle did donoghue v stevenson introduce

A

the neighbour principle

27
Q

what is the neighbour principle

A

a duty of care is owed to another person if it is reasonable foreseeable that they will be affected by one’s acts or omissions

28
Q

when does a breach of duty occur

A

when a defendant fails to do what a reasonable person would have done in the circumstances, or does what a reasonable person would not have done

29
Q

when will the defendant be liable

A

for damage that is not too remote

30
Q

what does novus actus interveniens mean

A

new intervening cause

31
Q

what happens when the chain of causation is broken by a novus actus interveniens

A

the defendant will not be liable for subsequent damage

32
Q

what did the hedley byrne case establish

A

liability for negligent misstatement where there is a special relationship between the parties

33
Q

what happened in the hedley byrne case

A

it is reasonably foreseeable that advice will be acted upon and loss will be suffered if the advice is inaccurate, the advice is indeed acted upon and the claimant sustains loss

34
Q

which type of loss will the courts not normally allow

A

pure economic loss

35
Q

what can a person who suffers bodily injury do for any psychiatric injury that accompanies it

A

recover damages

36
Q

what must be done by a person who suffers psychiatric illness following the shock of witnessing a terrible accident caused by the negligence of another

A

establish that they fall within a class of persons to whom a duty is owed in order to recover damages

37
Q

what are the two main categories of negligence victims

A

primary and secondary

38
Q

what is a primary victim

A

suffer shock through fear for their own safety

39
Q

what is a secondary victim

A

suffers shock through fear for the safety of others

40
Q

what did the hillsborough cases confirm

A

secondary victims have to establish proximity in order to recover damages

41
Q

what are the two forms of nuisance

A

private and public

42
Q

what is public nuisance

A

the carrying on of an activity likely to cause inconvenience or annoyance to the public

43
Q

what is private nuisance

A

and unlawful interference with a person’s use or enjoyment of their land

44
Q

what is the rylands v fletcher rule

A

an example of strict liability for escapes of a damage-causing thing arising from non-natural use of land, and gives rise to a form of nuisance claim

45
Q

what is vicarious liability

A

one person is held liable for wrongs committed by another

46
Q

what is the most common example of vicarious liability

A

employer/employees

47
Q

what did the occupiers’ liability act 1957 do

A

codified the common law position, places a duty on occupiers to take care to ensure that visitors will be reasonably safe in using the premises

48
Q

which duties are trespassers owed

A

in respect of hazards of which occupiers are or should be aware, and only if the occupier should be aware of their presence

49
Q

what can the liability for defective products by strict under

A

the consumer protection act

50
Q

list some general defences in tort

A

self defence
necessity
statutory authority
consent and volenti
contributory negligence

51
Q

how long does the victim of personal injury have to take action

A

three years

52
Q

how long does a victim of libel and slander have to take action

A

one year

53
Q

how long does a victim of a civil wrong that doesn’t involve personal injury or defamation have to take action

A

six years

54
Q

what are the main remedies in tort

A

damages and injunctions

M05 (7 decks)

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