Introduction To Tort Flashcards
What is a tort?
A species of civil injury or wrong. Not a contract.
What remedies does it give?
It gives claimants compensation for any harm, loss they have come into, or if they have had their rights infringed. It can also force a defendant to stop doing something, EG: Factory working at weekends.
What are some examples of Tort?
> Defamation - Protects reputation.
Trespass of: Land, Goods and person - Protects property and person.
Nuisance of: Public and Private - Protects the environment, or neighbour issues.
Negligence - Protects property and person.
What are the main differences between crime and tort?
> Criminal cases brought by state, tort by private citizens.
Criminal has standard of prof of beyond reasonable doubt, tort is in the balance of probabilities.
Criminal cases the defendant is found guilty, in tort they are found liable.
Penalty for crimson case can be prison, community service etc… But the penalty for tort is usually payment of compensation or an injunction.
Is it possible for a case to be both criminal and tort?
Yes, for example a car crash caused by dangerous driving.
What are the main differences between contract and tort?
> Contract duties are voluntary, tort are usually imposed by the law.
Contract is agreement between two parties, tort is to people generally.
Damages for breaches of contract aim to put claimant in position he would have been if contract was carried out properly, in tort they aim to put claimant in position he would have been if the tort did not occur.
Contract imposes strict liability, tort does not.
6 years to claim against breach of contract, 3 years for tort.
What is negligence?
The law of accidents. Where the defendant is at fault for the harm of claimant. They don’t have to have any intentions, comes from common law.
What are the 3 elements of proving negligence?
> Defendant owed claimant a duty of care.
D breached that duty of care.
C suffered damage/harm as a result of D’s breach.
What if you can’t prove all 3 elements?
Then the claim fails.
