Introduction to Law of Tort

Question 1

Negligence

Answer 1

not upholding a duty (responsibility for someone else) failure to act

Question 2

Branch of civil law

Answer 2

doesn’t involve the state

Question 3

Injunction

Answer 3

court order for someone to stop doing something

Question 4

Remedies

Answer 4

is money and this is referred as damages

Question 5

Neighbour principle

Answer 5

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

Question 6

Difference between tort and contract

Answer 6

contract is there is an agreement whereas tort is not an established agreement

Question 7

Court procedure in civil trial

Answer 7

• 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

Question 8

Remedies - types of damage

Answer 8

special damages
general damages

Question 9

Special damages

Answer 9

cover claims that can be specifically calculated (these will cover the period up to the trial)

Question 10

General damages

Answer 10

f the injury is more long term (severe) and may not be able to work

Question 11

Nuisance claims

Answer 11

award is usually some kind of injunction which if D doesn’t oblige it can result in a fine or imprisonment

Question 12

Damaged property

Answer 12

damages are calculated at the value of the property that has been destroyed

Question 13

2 torts

Answer 13

negligence and occupiers’ liability

Question 14

Morality

Answer 14

is subjective (law tends to reflect the common moral standards of the majority in the country)

Question 15

Vicarious liability

Answer 15

employer will take the responsibility for something done by one their employees

Question 16

Strict liability

Answer 16

no fault required if you have taken due care and diligence (if you fail in that duty) taken precautions

Question 17

Fault based liability

Answer 17

it is the fault of the defendant whether it was intentional or by accident

Question 18

Common Law

Answer 18

part of english law that is derived from custom and judicial precedent rather than statutes (judge made law, laws made in case law)

Question 19

Statutory law

Answer 19

laws given by the government that can not be disobeyed

Question 20

Public policy

Answer 20

policies that have been given to the public to follow, defined as a system of laws to help the public

Question 21

Floodgates argument

Answer 21

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)