Introduction to Law of Tort Flashcards
Negligence
not upholding a duty (responsibility for someone else) failure to act
Branch of civil law
doesn’t involve the state
Injunction
court order for someone to stop doing something
Remedies
is money and this is referred as damages
Neighbour principle
idea that the manufacturer owes a duty of care to the customer
all of us in a way will have a duty of care to others
Difference between tort and contract
contract is there is an agreement whereas tort is not an established agreement
Court procedure in civil trial
- prepare claim and evidence, inform D you are suing
- judge (sits alone) decide which track, liability and damages
- appeals can be launched
- burden of proof is on claimant
- standard of proof based on balance of probabilities
- not many defences, ‘consent’ is one D can claim
Remedies - types of damage
special damages
general damages
Special damages
cover claims that can be specifically calculated (these will cover the period up to the trial)
General damages
f the injury is more long term (severe) and may not be able to work
Nuisance claims
award is usually some kind of injunction which if D doesn’t oblige it can result in a fine or imprisonment
Damaged property
damages are calculated at the value of the property that has been destroyed
2 torts
negligence and occupiers’ liability
Morality
is subjective (law tends to reflect the common moral standards of the majority in the country)
Vicarious liability
employer will take the responsibility for something done by one their employees
Strict liability
no fault required if you have taken due care and diligence (if you fail in that duty) taken precautions
Fault based liability
it is the fault of the defendant whether it was intentional or by accident
Common Law
part of english law that is derived from custom and judicial precedent rather than statutes (judge made law, laws made in case law)
Statutory law
laws given by the government that can not be disobeyed
Public policy
policies that have been given to the public to follow, defined as a system of laws to help the public
Floodgates argument
that if the police can be taken to court for something such as not solving a crime, then people are going to want to take them to court for anything (a duty of care should not be imposed because it may generate a large number of similar claims)
