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Cilex L6 Tort 2023/24 > General Principles > Flashcards

General Principles Flashcards

1
Q

What is a Tort

A

a tort is a civil wrong – differs from a criminal wrong. Law of obligation which include contractual obligation – contract law

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2
Q

What are the protected inerests in Tort

A

Bodily integrity - (body & Mind)
Property
Economic Intrests

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3
Q

What is Bodily integrity protected intrest

A

included Personal injury, False imprisonment, assult, battery

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4
Q

What is Property protected intrest

A

Not just actual damage includes peaqceful enjoyment of land

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5
Q

What is Economic Intrest protected intrest

A

any consequential finanical loss that direvtly stems form the “actual” damage ie loss of earnings/medical costs/ cost of Alternate car/housing costs.

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6
Q

Is Pure Economic loss a protected intrest

A

No - Pure economic loss very rarely recoverable in tort unless there is a contractual obligation

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7
Q

What is Damnum sine Injuria

A

Harm without legal wrong ie put out of business by lawful reason ie competivive stratergies ie another business the same as yours opens up and takes your business

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8
Q

What is Injuria Sine Damno

A

Torts that do not require there to be actual damage for an action to be taken

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9
Q

What is the Mental Element in Tort standard

A

Defendant interferes with a recognised protected intrest of the claimant and the mental state of the defendant. Malice/Intention/Negligence

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10
Q

What is Malice in Tort

A

The international doing of some wrongful act without proper excuse
or
acting with some collateral or improper motive.

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11
Q

What is the General Priciple in Tort on Malice (improper reason or purpose)

A

General principle - Malice in sense of improper reason or purpose is irrelevant - If have the right/motive irrelevant. Vica versa even if right is violated intentionally does not aggravate responsibility

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12
Q

General Principle in Tort on Malice ( Exception)

A

Malice can be relevant to liblity in matters of defamation/nuisance. It can be held that if the actions of the defendant were done out of malice.

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13
Q

Malice exception in Deformation

A

If there is found to be malice in deformation this can defeat the defence of fair comment and or qualified privilige

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14
Q

Malice exception in Nuisance

A

if the defendants actions are found to be malicious and therefore unreasonable in a nuisance this can be a factor in determining that an act whilst legal can constitue a nuisance

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15
Q

What is Intention in Torts

A

State of Mind is relevant in torts derrived from the old writ of trespass- Objective assessment of the Defendants conduct what was their intent - However if the action was intended even if the consequence wasn’t. If the consequence was foreseeable by a reasonable person Liability is likely to attach.

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16
Q

What is Negligence (Mental Element)

A

Careless conduct not truly describing a state of mind - an assesment of the conduct by looking back - objective standard - reasonble person test - what woulds a reasonable person done in the same circumstances

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17
Q

What is the Negligence test

A

objective standard - reasonble person test - what woulds a reasonable person done in the same circumstances - If paticular skill then that of someone with the requisit skills of average competence however it does not take into account an individuals disabilities/peculiarities

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18
Q

What is Strict Liablity

A

Not necessary to prove fault and/or carelessnes - Burden is reversed the Burden is reversed.

19
Q

How is strict liablity formed

A

From statues such as CPA (consumer protection act) OLA (Occupiers Liablity Act) or from Commin law torts such as Nuisance/ Ryland and Flecher/ Vicarious liablity/Defamation

20
Q

What are the objectives in tort

A

Deterrance Individual and General or Market and compensation

21
Q

What is the purpose of Individual Deterrance

A

to get the individula to change their behaviour/proactice to prevent a simular incident/accident

22
Q

What is the purpose of General or Market Deterrance

A

Looks at making the world a safer place in general exampel prior - Caviat cost is normall passed to consumer in the cost of the chnage being reflected in teh cosdt of the goods

23
Q

What is the purpose of compensation

A

Put the claimant back into the position they would have been in had the incident not occured and where not possible provide monetry compensation

24
Q

Other regimes that provide compensation outside of Tort

A

Criminal Injuries Compendsations Scheme and Industrial Injuries Disablement Benifet Scheme

25
Q

Statues / Acts for compensation

A

NHS Redress Act 2006 and Compensation Act 2006

26
Q

What is the purpose of NHS Redress act 2006

A

Scheme to enable redress without the need for litigation

27
Q

What is the purpose of the compensation act 2006

A

Codifiy exsiting commion law position deterrants ie not to discourage desirable activities and Appologies or offers of tretament not consituiting acceptance of liablity

28
Q

Connection between Tort and Crime

A

If found guility of a criminal act liablity in negligence is likely to be found

29
Q

Connection between Contract & Tort

A

Created the Law of obligation

30
Q

Who are the parties

A

Defendants - Accused wrongdoer - anybody can be a defendants no distinction for age but have some exceptions/rules) (special categories)
Claimant - Injured party

31
Q

What are the special catagories for Tort

A

Sovereign Immunity, Administration of Justice, Artificial Legal person, Minors, Joint and Serveral Liablity

32
Q

What is Sovereign Immunity

A

Covered by Crown Proceedings act 1947 - Crown as an entity can be held liable for the actions of its servents.agents and as an employer but can not be taken against a soverign in person. Also Crown Proceedings(armed forces) act 1987 Memebers of teh armed forces can bring procceding agaisnt a fellow memeber in exercise of duties

33
Q

Whats is State Immunity

A

Covered by Stae Immunity Act 1978 - Foreign Sovereigns may not be sued in english courts unless immunity has been waived

34
Q

What is the purpose of Administration of Justice immunity

A

To allow honest and well meaning people to assist in justice even if it means a few dishonest peoiple benifit - Certain acts done in the administrations of Justice atract total immunity ie witnes immunity

35
Q

Whats is Artificial Legal person

A

Normally a coropration or limited liablity partnership (LLP) covered by LLP Act 2000 or a Parnership covered by parnership act 1980

36
Q

What rulesapply to minors

A

A minor can be sued or sue but the courts procedual requirements state that a minor suing must be done by a person over the age of 18 known as a litigation friend,

37
Q

Whats is Joint and Serveral Liablity

A

Whare two or more parties are resobsible for the same single injury the defendant can bring an action agasit one or all although compensation is only paid once can be from one or split between the paries see Civil liablitiy (contribution) act 1978

38
Q

CASE LAW - Malice - legal right but improper reason

A

Bradford Corp V Pickles 1895 - Bradford corp extracted water from under Pickles land to intentionally lower the price of the land - Held had legal right to extract the water so the intention of the act was irrelevant

39
Q

CASE LAW - Malice Action unreasonable and committed out of Malice

A

Christie V Davey 1893

40
Q

CASE LAW - Negligence average competence

A

Nettleship V Weston 1971 Learner driver deemed to be judged by the standards of a qualified driver of average competence rather then those of an average learner driver

41
Q

CASE LAW - Joint and Serveral Liablity & Contibutory negliangence

A

Fitgerald V Lane 1988 Claimant crossed road on red light and was struck by D1 & 2

42
Q

CASE LAW - Minors no defence for infancy

A

Mullin V Richards 1998 driver aged 17 was but held to the same standard as as driver a year older

43
Q

CASE LAW - Created a tort of its own name - strict liablity

A

Ryland and Fletcher 1868

44
Q

CASE LAW - Compensation Act 2006

A

Tomlinson V Congleton Borough Council 2003 - CA 2006 codefiys exsitung commin law position - Courts “may” consider what is the standard of resonable care

Cilex L6 Tort 2023/24 (4 decks)

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