law of tort (basics) Flashcards

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1
Q

what is tory and who is it concerned with

A

a civil wrong
where people suffer a loss/injury

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2
Q

what are the two parties in a civil claim

A

claiment-bringing the claim
defendant-claim is against

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3
Q

what must a company be to be claimed against

A

legally registered

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4
Q

how can the claimant make a claim if they are under 18

A

a pearant or litigation friend will bring the claim on their behalf

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5
Q

what are remedies

A

what the court will award c if their claim is successful

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6
Q

what are the 2 types of remedies

A

damages-money
injunction-court will make the d not/do something

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7
Q

who usually pays the compensation

A

insurance

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8
Q

what is the burden and standard of proof

A

claimant on the standard of probabilitys

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9
Q

what does tort depend on

A

rights that others must respect (failure to do so is a tort)

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10
Q

what are protected interests in law (3)

A

your person
your land or property
economic loss

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11
Q

what are some aims of tort law

A

to provide compensation
justice and morality
human rights
to fill gaps in criminal law

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12
Q

what is compensation culture

A

a high number of claims that are unjustified

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13
Q

what are the differences (in relationship) between tort and contract law

A

c-legal relation between parties
t- no legal relationship before incident but one starts when the incident happens

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