Law of tort Flashcards
what does tort means
a civil wrong which cases damage or an injury to an individual
law of tort- Example
trespass to land trespass to property trespass to a person defamation negligence
Elements of liability
what applies when considering if a crime took place or not?
Actus Reus ( guilty act) Mens Rea (guilty mind or criminal mind beyond reasonable doubt
what applies when considering if a tort took place or not?
Actus Reus
no particular state of mind
balance of probabilities
when is a tort is liability?
Act+ causation + fault + protected interest+ damage + liability
Trespass to a person- how?
Assault
Battery
Unlawful imprisonment
What does assault means?
Act which cases another to apprehend or anticipate inflection of immediate or unlawful force on his person
What does battery means?
direct and intentional application of force to another person without that person’s consent
defamation-
libel?
slander?
libel- written or printed
slander- speech or gestures
Libel
Action per se
publication need to only to one
may include innuendo
Vicarious liability
Employer responsible for torts of employees
Negligence- how can it be proven?
Duty of care
breach of that duty of care
result in damage
Standard of care
Depended on what circumstances?
reasonable man test
level of skill claimed
degree of risk
