Chapter 2 - Law of torts

Question 1

What is the definition of tort?

Answer 1

A tort is a civil wrong that causes a claimant to suffer a loss or harm, resulting in legal liability for the person who commits a tortious act.

Question 2

What is the difference between criminal law and tort law?

Answer 2

Criminal law deals with criminal wrongs that are punishable by the state, whereas tort law aims to compensate individuals who suffer harm as a result of the actions of others.

Question 3

What is the difference between unliquidated and liquidated remedy of damages?

Answer 3

• Unliquidated means the amount of damages is not specified whereas liquidated means that parties have agreed in advance to the amount of compensation.

Question 4

What is the general purpose of torts?

Answer 4

The general purpose of the law of torts is to protect peoples rights by allowing them to sue if their interests are invaded, threatened or harmed.

Question 5

What is defamation?

Answer 5

Protects a persons interest in their reputation

Question 6

What is trespass to the person?

Answer 6

Protects a person against deliberate physical harm

Question 7

What is private nuisance, trespass to land?

Answer 7

Protects a persons interest in the land they occupy.

Question 8

What is breach of copyright or patent design?

Answer 8

Protects a persons interest in ‘intellectual property’

Question 9

What is an intentional tort?

Answer 9

Intentional act to commit a tort

Question 10

What is a tort requiring negligence?

Answer 10

A tort which has not been caused deliberately

Question 11

What are the three main forms of trespass?

Answer 11

• to the person
• to goods
• to land

Question 12

What are three forms of trespass of the person?

Answer 12

• Assault
• Battery
• False imprisonment

Question 13

What is the definition of assault?

Answer 13

Assault is any act of the defendant which causes the claimant to fear an attack on their person.

Question 14

What is battery?

Answer 14

Battery is the hostile application by the defendant of physical force.

Question 15

What is false imprisonment?

Answer 15

Preventing a person from going where they want go.

Question 16

What is trespass to goods?

Answer 16

This occurs when the defendant directly and intentionally interferes with goods which are in possession of another.

Question 17

What is conversion?

Answer 17

Conversion is an intentional tort similar to theft.

Question 18

What is trespass to land?

Answer 18

Trespass to land must be intentional in the sense the defendant must have intended to go on the land in question.

Question 19

What are the three forms of trespass to land?

Answer 19

• Unlawful entry onto the land of another.
• Unlawfully remaining on the lad of another.
• Unlawfully placing or throwing any material object upon the land of another.

Question 20

What is negligence?

Answer 20

Negligence is a failure to take care in circumstances where the law demands that care should of been taken.

Question 21

For negligence to succeed, what are the three essential elements?

Answer 21

• Duty of care
• Breach of duty
• Damage suffered

Question 22

What are the other three possible outcomes of negligence?

Answer 22

• Negligent misstatement - a representation of fact, which is carelessly made, and is relied on by another party to their disadvantage
• Economic Loss
• Psychiatric illness

Question 23

What are the two forms of nuisance?

Answer 23

• Public and Private

Question 24

What are types of private nuisance?

Answer 24

• Wrongfully allowing noxious things to escape their property onto the claimants land
• Wrongful interference with attaching to claimants land

Question 25

What are the general defences to torts?

Answer 25

• Self defence
• Necessity
• Statutory authority - permitted by law
• Consent and volenti fit injuria

Question 26

What does volenti fit injuria mean?

Answer 26

No legal wrong is done to a person who consents

Question 27

What is contributory negligence?

Answer 27

Arises when the claimant is partly to blame for the injuries they have suffered.

Question 28

What are the main remedies in tort?

Answer 28

• Damages - Special, aggravated, exemplary, nominal
• Injunctions