Chapter 2 - Law of torts Flashcards
What is the definition of tort?
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.
What is the difference between criminal law and tort law?
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.
What is the difference between unliquidated and liquidated remedy of damages?
- Unliquidated means the amount of damages is not specified whereas liquidated means that parties have agreed in advance to the amount of compensation.
What is the general purpose of torts?
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.
What is defamation?
Protects a persons interest in their reputation
What is trespass to the person?
Protects a person against deliberate physical harm
What is private nuisance, trespass to land?
Protects a persons interest in the land they occupy.
What is breach of copyright or patent design?
Protects a persons interest in ‘intellectual property’
What is an intentional tort?
Intentional act to commit a tort
What is a tort requiring negligence?
A tort which has not been caused deliberately
What are the three main forms of trespass?
- to the person
- to goods
- to land
What are three forms of trespass of the person?
- Assault
- Battery
- False imprisonment
What is the definition of assault?
Assault is any act of the defendant which causes the claimant to fear an attack on their person.
What is battery?
Battery is the hostile application by the defendant of physical force.
What is false imprisonment?
Preventing a person from going where they want go.
What is trespass to goods?
This occurs when the defendant directly and intentionally interferes with goods which are in possession of another.
What is conversion?
Conversion is an intentional tort similar to theft.
What is trespass to land?
Trespass to land must be intentional in the sense the defendant must have intended to go on the land in question.
What are the three forms of trespass to land?
- 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.
What is negligence?
Negligence is a failure to take care in circumstances where the law demands that care should of been taken.
For negligence to succeed, what are the three essential elements?
- Duty of care
- Breach of duty
- Damage suffered
What are the other three possible outcomes of negligence?
- Negligent misstatement - a representation of fact, which is carelessly made, and is relied on by another party to their disadvantage
- Economic Loss
- Psychiatric illness
What are the two forms of nuisance?
- Public and Private
What are types of private nuisance?
- Wrongfully allowing noxious things to escape their property onto the claimants land
- Wrongful interference with attaching to claimants land
What are the general defences to torts?
- Self defence
- Necessity
- Statutory authority - permitted by law
- Consent and volenti fit injuria
What does volenti fit injuria mean?
No legal wrong is done to a person who consents
What is contributory negligence?
Arises when the claimant is partly to blame for the injuries they have suffered.
What are the main remedies in tort?
- Damages - Special, aggravated, exemplary, nominal
- Injunctions
