General Principles Flashcards
How is Tort Law established? What type of law is this?
By common law and Acts of Parliament.
This is private law.
Common Law
Derived from custom and judicial precedents rather than statues.
Acts of Parliament
Texts of law passed by legislative body of a jurisdiction.
Why is it private law?
Provides redress when we suffer damage to our person property, or enjoyment of land through others non-criminal actions.
What is Civil Law concerned with?
Settling disputes between parties.
What are the Civil Courts?
County court, High Court, Tribunal, Court of Appeal (civil division), Supreme Court.
Establishing Liability
Burden of proving D is liable falls on C.
On the balance of probabilities (more likely C is telling the truth).
Remoteness of Damage in Fault
Was damage reasonably foreseeable by D at time of breach.
Fault in Civil Law
Negligence relies on the defendant breaching a duty of care owed to the victim, this breach is where the fault lies.
The D must have been seen to have fallen below the standards of a reasonable person (objective fault).
Fault can be transferred (vicarious liability) and shared between two parties (contributory negligence).
Fault Introduce by Cambridge Water v Eastern Counties Leather Case
D owned a leather tanning business. Solvent spillage occurred over a long time which seeped through the floor into soil. This caused C’s borehole to be contaminated so it couldn’t be used anymore for residents’ water.
Held: D not liable since damage was too remote and was not reasonably foreseeable that spillages would cause the borehole to close.
What is fault required in?
- Negligence
- OL
- Psychiatric Damage
- Pure economic loss caused by negligent misstatement.
Where is fault not required in?
- Nuisance
- Rylands v Fletcher
- Vicarious liability
Purpose of Defences in Tort Law
Divert blameworthiness away from defendant back to claimant, suggesting they were responsible for their own damage, for some degree.
(Remedies) Damages
Money calculated to return C to original position before tort took place.
(Remedies) Injunction
A court order to stop; most common in trespass and nuisance.
