introduction to tort law:

Question 1

What is tort?

Answer 1

Tort is a type of civil law where two parties are in a dispute, it involves ‘civil wrongs’, it is mostly a body of law found in common law, examples of civil law: trespass, nuisance and negligence.

Question 2

What is the purpose of the law of tort?

Answer 2

Tort focuses on compensation of individuals in situations where their private individual interests have been infringed

Question 3

What is the difference between fault liability v strict liability in tort law?

Answer 3

Fault - refers to situations where a person will only be held liable if they were at fault, in most torts the fault must be shown for the defendant to be held liable.
Strict liability - refers to a situation where a person will be held liable even if they were not at fault.

Question 4

Burden of proof:

Answer 4

In civil cases, the burden of proof is based on the ‘balance of probabilities’ as the punishments are not as severe, probably at fault for the damages/ injuries

Question 5

Fault:

Answer 5

The court requires that the claimant prove there was wrongdoing by the defendant , and provide evidence for this. The claimant may have to pay for expert advice to support this. They may not receive compensation.

Question 6

Strict liability:

Answer 6

These torts do not require fault to be proved these can be easier and cheaper for the claimant as they do not require the evidence.
Will consider:
Nuisance - action to stop reasonable use of neighbors land
Rylands v Fletcher - damage to land caused by escape of material
Vicarious liability - when an employee commits a tort in the course of their employment.