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M05 Insurance Law > Chapter 2- The Law Of Torts > Flashcards

Chapter 2- The Law Of Torts Flashcards

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1
Q

What is libel

A

A defamatory statement in a permanent form

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2
Q

What are examples of libel

A

And email text posting on social media or in written a publication

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3
Q

What is slander

A

In non-permanent form usually takes the form of speech or gestures

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4
Q

What does the word tort mean

A

Wrong. And the legal action the victim might bring against us is known as an action in Tory

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5
Q

In tort who brings the legal action

A

The victim themselves

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6
Q

If a doctor causes harm to a private patient by improper medical treatment what can they be sued for

A

They may be sued for breach of contract and negligence

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7
Q

In what court are the issues of negligence and breach of contract considered together

A

Civil court

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8
Q

What is the main remedy under common-law for tort

A

Damages

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9
Q

If the damages are liquidated what does this mean

A

It means that the parties to the contract will have agreed in advance a fixed amount of compensation to be paid if there is a breach of contract

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10
Q

What is defamation?(libel and slander)

A

Protects a persons interest in their reputation

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11
Q

What does breach of copyright or patent design protect

A

Protects a persons interest in intellectual property

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12
Q

In appropriate circumstances what can you sue for in torts

A 
Negligence for death
bodily injury 
mental injury 
financial loss 
damage to land or goods
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13
Q

If A tort is actionable per se what does this mean

A

This means that the claimant does not have to prove that they have suffered loss or damage only that are tort has been committed

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14
Q

What is an intentional tort

A

A requirement for intention on the part of the defendant to commit the tortuous act

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15
Q

What torts are intentional torts

A

Tress pass and that of deceit

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16
Q

What is strict liability

A

A person may be held liable even though their actions are never intentional no negligent

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17
Q

What case is an example of strict liability

A

Rylands versus Fletcher

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18
Q

When is malice relevant in tort

A

Malice is an essential ingredient in one or two minor torts
In the tort or defamation
In the tort or nuisance

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19
Q

What are the three characteristics of tress pass tort

A

The act of the defendant must be direct. The act of the defendant must be intentional. The tort is actionable per se

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20
Q

What are the three main forms of trespass tort

A

Tress pass to the person. Tress pass to goods. Trespass to land.

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21
Q

What freeways can tress pass to the person it’s self take

A

Assault. Battery. False imprisonment.

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22
Q

What is tress pass to goods

A

Where the defendant directly and intentionally interferes with goods which are in the possession of another

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23
Q

In trespass to goods what is conversion

A

If the defendant Deliberately deals with goods in a way which is inconsistent with the right of the person who owns or possesses them

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24
Q

What act was brought in to cover tress pass to goods conversion and certain other tortsconcerning gods

A

Totes (interference with goods) act 1977

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25
Q

Why is contributory negligence strictly not a defence

A

A defence is a legal excuse for what would otherwise be wrong. If successful it removes all liability. Contributory negligence is a plea in mitigation which reduces liability but does not remove it.

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26
Q

What must a claimant to prove in order to succeed in an action for negligence

A

The defendant owed a duty of care to them, that duty of care was breached and they suffered loss or damage as a result of the breach

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27
Q

What is the neighbour test

A

A principle for establishing when a duty of care is owed in negligence. It was proposed in Donahue versus Stephenson and is based on the reasonable foreseeability

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28
Q

What two forms my private nuisance take

A

Wrongfully allowing the escape of noxious things from one’s property.
Wrongful interference with servitudes

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29
Q

What is vicarious liability

A

One person assumes for the wrongful act of an error. And example of this is of the employer for torts committed by their employees in the course of their employment

30
Q

What are the defences available in defamation

A

Truth, honest opinion, publication on a matter of public interest, innocent defamation, privilege

31
Q

What are the main limitation period in the law of torts - libel and slander

A

One year

32
Q

What are the main limitation period in the law of torts - personal injury

A

Three years

33
Q

What are the main limitation period in the law of torts - property damages

A

Six years

34
Q

What are the general defences in tort

A

Self defence, necessity, statutory authority, consent and Volenti and contributory negligence

35
Q

What are the main remedies in tort

A

Damages and injunctions

36
Q

What is trespass ab initio

A

If a person enters land lawfully but abuses the right to be there they are treated as a trespasser from the moment they entered the land

37
Q

What are the three essentials for an action in negligence to succeed

A

A duty of care owed by the defendant to the claimant. A breach that a duty by the defendant negligence. Damage suffered by the claimant as a result of the negligent act

38
Q

What case established duty of care

A

Donahue versus Stephenson

39
Q

When would breach of duty occur

A

When the defendant fails to do what a reasonable man would’ve done in the circumstances, or does what a reasonable man would not have done

40
Q

In breach of duty what do the courts take into account

A

The magnitude of the risk involved in the defendants activities. The ease with which the risk could have been eliminated or reduced and the potential cost involved. The current state of scientific or technical knowledge

41
Q

What is causation and remoteness of damage

A

The law attempts to place a reasonable limit on the defendants responsibility is by releasing them from liability where the damage is too remote

42
Q

What is the main test for remoteness

A

Reasonable foreseeability

43
Q

Where the chain of causation leading from the defendants negligent act is broken by a novus actus interveniens, will the defendant be responsible

A

Know the defendant will not be responsible for any damage

44
Q

Liability under the Hedley Byrne rule arises when

A

There is a special relationship between the parties where it is reasonable for the claimant to rely on the advice given. The giver of the advice can reasonably foresee that the advice is likely to be acted upon and that the recipient is likely to suffer if it is inaccurate. The advice is in fact acted upon causing a loss to the claimant.

45
Q

Will the courts allow a claim in tort for pure economic loss

A

No. The claim has to be accompanied by any physical damage to the claimant or their property

46
Q

What is a primary victim Of nervous shock

A

Persons who suffered shock through fear for their own safety. This category of claimant was the 1st to be recognised by English law

47
Q

What is a secondary victim of nervous shock

A

Persons who suffered shock through fear for the safety of others. As the 20th century progressed, the law came to recognise claims by persons who suffered shock through fear for the safety of persons other than themselves

48
Q

What case is related to secondary victims

A

Allcock versus chief constable of South Yorkshire police. The Hillsborough football stadium disaster

49
Q

Secondary victims should not be entitled to damages unless they could establish the proximity in the terms of

A

Their relationship with the immediate victim. Their closeness in space or time to the incident or its immediate aftermath. The means by which they learnt about the accident which had to be through their own unaided senses

50
Q

What are the two forms of nuisance

A

Public and Private

51
Q

What is public nuisance

A

Carrying on of an activity which is likely to cause inconvenience or annoyance to the public, or a section of the public, or interference with a right common to all

52
Q

What is the purpose of the tort of private nuisance

A

To protect a persons interest in their land

53
Q

What two forms are there are private nuisance

A

Wrongfully allowing noxious things to escape from their property so as to interfere with the claimants land. Wrongful interference with servitude or rights attaching to the claimants land

54
Q

In private nuisance for the interference to be actionable what must happen

A

Damage must result. this means that the interference must either cause actual physical damage to the land or at least adversely affect the claimants use and enjoyment of it

55
Q

What is the special defence in nuisance.

A

The prescription at 1832. This provides that if the defendant can I Stabulis that the actionable nuisance has existed openly and continuously for at least 20 years, the right to continue with the activity in question cannot be challenged

56
Q

To succeed in an action for breach of statutory duty the claimant must establish the following

A

That the statute was intended by Parliament to allow civil remedy. The statute must impose a duty on the defendant and not merely a power. The claimant must prove that the statutory duty was owed to them. There must be a breach of duty by the defendant. The damage suffered by the claimant must be caused by the breach and be of a kind which was contemplated by the statue

57
Q

What is employers liability

A

Liability of the employer for injuries suffered by employees in the course of their employment

58
Q

In employees liability what must the implore you to take reasonable care to do

A

Select competent staff. Provide and maintain proper plant, premises and equipment. Provide a safe system of work

59
Q

What does the health and safety at work act 1974 do

A

Takes a general common-law duties of the employer mentioned and make some subject to criminal law

60
Q

What penalties can the health and safety at work act impose

A

Unlimited fines, and imprisonment up to 2 years. Both employer and employees may be subject to its sanctions

61
Q

What does the management of health and safety at work regulations act 1999 state

A

That an employer may be sued if an accident at work is attributable to the employees failure to implement a suitable and sufficient risk assessment

62
Q

What is vicarious liability

A

Not a tort or a wrong in itself but a way in which liability may be imposed a person may be directly liable for their own taught or vicariously liable for torts committed by of us

63
Q

What are the five Criteria that in vicarious liability needs to have

A

One. The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability. Two. The total have been committed as a result of activity being taken by the employee on behalf of the employer. Three. The employees activity is likely to be part of the business activity of the employer. Four. The employer by employing the employer to carry on the activity, will have created the risk of a tour committed by the employee. Five. The employee will, to a greater or lesser degree, have been under the control of the employer

64
Q

What is the occupiers liability act

A

A common duty of care is owed to all visitors present on the land of another, that is all persons who are not tress passes

65
Q

In liability for defective products if the victim was a buyer of goods what will they be able to sue for

A

For breach of contract

66
Q

In liability for defective products if the victim was not a boy or a girl so what would they be able to do?

A

An action contract will not be possible. The only legal remedy will be an action in tort

67
Q

What is the purpose of defamation

A

To protect a persons interest in their reputation

68
Q

A defamation statement is not actionable unless

A

It’s published

69
Q

What are the special defences available in the tort of defamation

A

Truth. Honest opinion. Publication On a matter of public interest. Innocent defamation. Privilege.

70
Q

What are the general defences in Tort

A

Self defence. Necessity. Statutory authority. Consent and volenti non-fit injuria. Contributory negligence. Reduction of liability

71
Q

What are the types of damages

A

Special damages and general damages. Aggregated damages. Exemplary damages. Nominal damages. Contemptuous damages.

72
Q

And injunction is a court order commanding the defendant…

A

To do a particular thing. To refrain from doing a particular thing

M05 Insurance Law (11 decks)

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