General Principles Flashcards
What does tort law allow someone to do?
Allows a person to claim compensation when they’ve been injured or property has been damaged.
Individual parties are called
Defendant and claimant
What is it called if defendant is found guilty
Liable.
Burden of proof on the?
claimant
Standard of proof?
Balance of probabilities.
What does the claimant have to establish?
That the defendant was at fault for the incident and responsible for the damage.
What are the civil courts?
County court and high court
What cases does county court deal with?
Simple and small civil law cases
What cases does high court deal with?
Big and complex civil law cases
Fault was first introduced in…
Cambridge water v eastern counties leather
In faultless torts the claimant only needs to show…
Simply that an incident happened and establish a casual link to the damages.
What are the two types of remedies?
Damages - money calculated to return claimant back to the position before the tort took place.
Injunction - A court order to stop
