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HKU space day 3 > Intro > Flashcards

Intro Flashcards

1
Q

Tort

A

Two Private parties against each other

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2
Q

Criminal

A

Gov against defendant

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3
Q

Legal Aid

A

For those who cant afford whole process

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4
Q

What is Tort Law

A
  • A tort is a civil wrong that causes a claimant to suffer loss or harm
  • Resulting in Legal Liability for the person who commits the tortious act
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5
Q

List of Torts

A

(Large variety)

Main sections, Negligence, Intentional, Defamation, Economic Torts, Breach of Fib duties

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6
Q

Employer insurance

A

Employer’s typically need to provide insurance for the employee

This would be called a (Pi)

PI: Personal injury law

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7
Q

Assault

A

illegal act of causing physical harm or unwanted physical contact to another person

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8
Q

Battery

A

An unlawful application of force directly or indirectly upon another person or their personal belongings, causing bodily injury or offensive contact.

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9
Q

Champerty

A

Where a third-party pays some or all of the litigation costs in return for a share of the proceeds.

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10
Q

Conspiracy

A

Conspiracy is an agreement between two or more people to commit an illegal act, along with an intent to achieve the agreement’s goal.

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11
Q

Conversion and detinue

A

Conversion is a single act where the cause of action accrues at the date of the conversion. Detinue, however, is a continuing cause of action.

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12
Q

Interference with another’s contractual relations or trade

A

Breach of a contract, drag in a interfering third party for causing a third party

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13
Q

False Imprisonment

A
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14
Q

Fradulent Misstatement

A

Perjury

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15
Q

Passing off

A

copyright ie; defamation

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16
Q

Product liability

A

If product has defects that isn’t stated

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17
Q

Tresspass

A

Tresspassing on Private Property
Tresspassing on Public Property

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18
Q

Libel and Slander

A

Type of Defamation

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19
Q

Negligence

A

failure to take proper care over something.

20
Q

Private Nuisance

A

A nuisance that violates a private right not common to the public or causes damage to one or a limited number of individuals.

ie; noise nuisance/complaints

21
Q

Rylands V Fletcher

A

Water Slippage Case

22
Q

Purpose of Tort

A
  • Compensatory function
  • A balance between competing rights
  • A gap filler in general common Law
  • An alterantive statutory compensation
  • Deterrent function
  • Public vindiction
  • A way of apportioning risk
23
Q

Prosecution

A

DOJ is the prosecution and only stays in criminal Law

24
Q
A
25
Q

Taxation

A

Process which court would incur legal costs reasonably or not

26
Q

1181 Ordinances in Hong Kong

A
27
Q

Duty of Care for a Tort

A
  • D owed C a duty of care to avoid causing the injury of which he complains
  • D breached the duty of care
  • D’s Breach caused the damage complained by C
  • The damages complained by C was not too remote at law to be recoverable

D = Defendant
C = Claimaint

28
Q

Modern Test of Duty of Care

A

Caparo Test
- A reasonable foreseeability: Harm to C was actually foreseen
- A requiste degree of proximity existed between C and D
- Policy is it fair, just and reasonable to impose a duty of care

Caparo Industries plc v Dickman [1990]

29
Q

Modern test of DOC

A

Relying Upon an exisiting cetegoristation ie; matching the scenario to a distinct and recognisable situation

30
Q

Liability to Omission

A

Generally, the Law does not require people to take action to prevent harm from occuring, even if they have the ability to do so

However, a person has a duty to avoid causing harm through their own actions, they are typically not obligated to help others who are in need of assistance

Case example Stovin v Wise [1996]

31
Q

Stovin v Wise [1996]

A

The claimant was injured when he was knocked off his motorcycle by Wise at a road junction

The visibility at the junction was impaired by a large bank

The council bears no responsibility becuase the council had not actively place the bank of earth there meaning the had omission to remove it

32
Q

Young & Marten vs Mcmanus [1968]

A

subcontractor roofing tiles, specalistc
sommerset 13
latent defect, break
defect couldnt be detected
house owners sued contractors
indemnity on sub contractor
implied term of quality
chain of contracts

33
Q

Causation

A

The relationship of cause and effect between one event or action and the result.

34
Q

Solicitor

A

“A Reasonably competent solicitor”
Bolam Principles

35
Q

Introduction causation

A

Causation is the action of connecting conduct with a resulting effect, in most cases injury

Causation is arguably the most complex element of negligence and many judges can’t quite agree on whether or not it is a notion of ‘common sense’

36
Q

The but-for test

A
  • Causations are decided on the balance of probabilites
  • For example, if a court finds that there is a 51% chance that the defendant caused a claimants harm, they will hold the defendant entirely responsible for the harm
  • However, if a court finds that there is only a 49% chance that the defendant caused a claimants harm, they will not hold the defendant responsible for the harm.
37
Q

Cork V Kirby Maclean LTD [1952]

A

Case example

38
Q

Defence

A

A defense is an act of protecting one’s own interests.

39
Q

Contributory Negligence

A
  • Where any person suffers damage as the result is partly of his own fault
  • A partial defence
40
Q

Voluntary Assumption of Risk

A
  • No injury is done to the willing
  • A complete defence
41
Q

Illegality

A
  • No action arises from ones own wrong doing
  • A complete defence
42
Q

Hughes v Lord Advocate

A

Case Study, outcome was not foreseeable

House of lords (equivelent of final appeal in hk)

43
Q

Thin Skull Rule

A
  • A legal principle that holds a person responsible for the full extent of the harm caused, even if the victim has vulnerability that makes them particularly fragile
  • Even if the harm seems minor or, disproportionate, the perpetrator is still liable for the full consequences.
44
Q

Defamation

A
  1. the matter under dispute has a defamtory meaning
  2. the defamtory matter is conveyed or communicated to a third party
  3. the defamtory matter refers to a particular reason or company, (libel), (slander)
45
Q

Defamation test

A

What do ther words mean
if imputations are defamtory

Defence
Absolute/qualfied privilege
fair comment
injunctions and damages

HKU space day 3 (2 decks)

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