Intro to Tort Flashcards
What is tort law concerned with?
With obligations existing between individuals, meaning it is part of private law
What type of obligations do we owe in our daily life and what obligations are imposed onto us by law to reverse the consequences of our possible breach?
- primary obligations
- law may impose secondary obligations
What are two examples of secondary obligations in which the law may impose onto us to reverse the consequences of the breach?
- restitution
- compensation
In tort law, there is no general principle regarding what?
regarding whether particular conduct will or will not give rise to liability
What is the act which applies when a court, in considering whether a person was negligent or in breach of a statutory duty, dermines the steps that the person was required to take to meet a standard of care?
Social Action, Responsibility and Heroism Act 2015
When does the Social Action, Responsibility and Heroism Act 2015 apply?
When a court, in considering whether a person was negligent or in breach of a statutory duty, determines the steps that the person was required to take to meet a standard of care
What are the 4 disparate aims of tort?
- To achieve a corrective justice
- To provide compensation
- To deter bad behaviour
- To find out ‘what happened’
Simply put, what is a tort and what does tort law seek to do?
A tort is a civil wrong committed by one person against another. Tort law seeks to place the claimant in the position that she or he would have occupied had the wrong not occurred.
Tort is part of private law, though more specifically what part of law is it under?
the law of obligations
decribe tort law in 3 words
Tort law is old, venerable and large in
estimates vary however how many torts are there said to be?
around 80
What is the most important tort in practise?
negligence
