Into to tort Flashcards
What is tort?
A tort is a civil wrong
What is an injunction?
An order of the court to stop doing something e.g. to stop making noise after 10 p.m.
What is the standard of proof in civil cases?
On the balance of probabilities
In tort law the burden of proof is on who?
The claimant
Negligence was defined in which case?
Blythe v Birmingham Waterworks Co. (1856)
Facts: Waterworks blocked fire hydrant that leaked onto Blythe’s property.
Definition of negligence
‘failing to do something the reasonable person would do or doing something the reasonable person would not do’
-Baron Alderson
Blythe v Birmingham Waterworks Co. (1856) established what definition?
Negligence
Definition of remedy
The way in which a court will enforce or satisfy a claim when injury or damage has been suffered and proved.
The two categories that damages are divided into are?
1) Special damages-cover the period up to trial.
2) General damages-period after trial and include pain and suffering.
Definition of special damages
Pecuniary costs calculated up to the date of the trial or settlement.
Definition of general damages
General damages cover the period after trial and include the pain and suffering/ future loss of earnings/ future med bills and any loss of amenity.
What is tort?
Allows a person to claim compensation when they have been injured or their property damaged.
What is meant by strict liability in tort cases?
No fault has to be proved.
Examples of strict liability torts?
1) Nuisance
2) Rylands v Fletcher
3) Vicarious liability
Blythe v Birmingham Waterworks Co. (1856)
Provides the definition of negligence in tort cases.
Facts: Waterworks blocked fire hydrant that leaked onto Blythe’s property.
