Law of Tort - rules and theory Flashcards
What is tort law (2) and what are the aims (3)
A civil case is started by a person who has suffered loss or an injury
Tort is a civil wrong, something you sue another individual company for
Key aim - provide compensation to injured people (damages) to provide justice to people
Serve as a deterrence - stop people doing the sort of behaviour that resulted in being sued
Improve standards - people/businesses who pollute or have low standards often have to pay damages
Describe the defences in tort law
A defendant can invoke a defence in order to avoid being found liable
In most cases, defences are about proving that the claimant wholly or partly caused their own injury
Describe natural persons/legal persons in tort law
Tort can involve both legal and natural persons
Natural person = normal person
Legal person = a corporation or other form of organisation capable of suing/being sued
What is the standard of proof?
On balance of probabilities
What are the protected interests?
The main point of tort law is that a person has certain interests which others have an obligation or duty to respect
You can sue someone for breaching your protected interests
protected interests include:
- personal harm
- reputational harm
- harm to property
- harm to financial interests
What is the compensation culture?
Refers to an attitude to sue even for the most trivial reasons or where only minor injury or damage has been caused
- people assuming they are automatically entitled to compensation for the slightest thing
Law of tort - the courts
In a civil tort claim, the claimant has to:
- prepare the claim and the initial evidence to show that it is valid
- suggest the amount of damages they intend to claim, so that the claim can be issued in the correct court and to follow the correct tracking procedure
The amount of damages claimed will depend on the severity of the injuries and the cost of putting right any damage to property
In a civil trial, a judge will sit alone to decide:
- the liability, whether the claimant has proved the case or whether the defendant has a valid defence
- the amount of damages to be paid or if another remedy should be ordered, if this is more appropiate
