Module 8 (1&2)

Question 1

What is Tort law? the purpose

Answer 1

The primary purpose of tort law is to provide remedies to individuals who have suffered harm due to the wrongful conduct of others

it shifts their damage on to the person who caused it

Question 2

What latin term does the word tort come from

Answer 2

Tortum = twisted / crooked

Question 3

What is Tort law meant to provide

Answer 3

Its meant to provide people with a legal recourse when non is available under private law

Question 4

What is a “Tort?”

Answer 4

a wrongful act
eg. someone punching you on purpose is a tort
eg. someone driving recklessly and hitting you is a tort

Question 5

Who does tort law apply to?

Answer 5

everything and everyone

Question 6

The plaintiff has to prove what?

Answer 6

that the defendant committed a tort on a Balance of Probabilities (more likely than not)

Question 7

What is the difference of tort law and contract law

Answer 7

In tort law, duties are owed to people generally, not a specific individual as in the case of contract law

Question 8

What differenciates tort law from criminal law?

Answer 8

1) They have different goals
Tort law has a private goal to compensate the harm of the plaintiff
Criminal law has the public goal to hold the defendant accoutablr for their crime

2) The state brings the case in criminal law, but for torts its the individual person

3) There is a different standard of proof: the balance of probabilites applies in torts vs no reasonable doubt standard in criminal law

4) consequences in tort is usually montary gain for plaintiff, in criminal law, the consequence is prison time (or fines)

Question 9

What are the 3 goals of Tort Law?

Answer 9

Compensation

Deterrence (deter people from committing tort, so damages are for awarding good behaviour)

Psychological Comfort (to the injured)

Question 10

What are the 3 typed of Torts

Answer 10

Intentional Torts (eg.battery)
Negligence
Strict liability torts

Question 11

Torts are mostly always compensated in what form?

Answer 11

Money (damages) or an injunction (a court order to stop the defentant from what their doing)

Question 12

What are the Damages based on? (5)

Answer 12

1) Dollar value of the actual loss
2) Cost of fixing the damage
3) Lost earnings (wages the victim lost from recovering from the tort)
4) Pain and suffering
5) Punative Damages (money damages awarded to punish the defendant rather than to compensate the plaintiff)

Question 13

In intentional torts, why doesnt the plaintiff have to show the actual damage?

Answer 13

Because proving that the interference happened is enough

Question 14

What is Battery?

Answer 14

Direct and intentional harmful physical contact

Question 15

why is battery different then assault?

Answer 15

Assault is the threat of bodily harm

Question 16

When is the element of “Direct” satisfied in battery?

Answer 16

If the immediate consequence of force impacts the defendant

Question 17

When is the element of “intentional” satisfied in battery?

Answer 17

When the defendant wants the result or knows the result was to occur
eg. pulling a chair from under someone knowing they will fall

Question 18

When is the Element of “Harmful and Offensive” satisfied in battery

Answer 18

When there is actual physical harm, or offensive
eg. being pushed in a crowd

Question 19

Consent must be ______ not by ________

Answer 19

Voluntary, force

Question 20

Explain the Malette v Shulman Case

Answer 20

The plaintiff carried a card stating that as a matter of religion she rejects blood transfusions
When she was in a life threatening situation, a doctor administered a blood transfusion that saved her life.
The court still found this as battery as it was intentional, and offensive