Rules and Theories of Tort Law - Finished Flashcards
Define Tort Law
The concept of tort law is to redress a wrong done to a person due to a breach of duty of care and provide relief from the wrongful acts of others, usually by awarding monetary damages
What are the aims of Tort Law in a case
To ensure a monetary sum is given to compensate the claimant for injuries
Define Tortious Liability
When someone is injured or suffers a loss due to another person’s actions or their negligence making them liable
Define Claimant
A person making a claim in a lawsuit for a state benefit
Define Defendant
The party/person being accused of commiting a crime
Ahmed is mowing his lawn with a powerful petrol lawnmower. The mower has a sticker on it stating that goggles must be worn by anyone who gets close to the mower because it can throw up small stones. Ahmed’s neighbour, Bilal, comes out of his house and leans on the fence to chat to Ahmed. Ahmed does not warn Bilal that he should wear goggles as he knows Bilal has a similar mower and assumes that he will be aware of the necessary precautions. Ahmed decides to show off by pushing the mower much too fast. The mower hits a stone which is thrown up and hits Bilal in the face causing him serious injuries
Who is the defendant and who is the claimant
Defendant - Ahmed
Claimant - Bilal
What is proof of fault
Proof of fault simply covers who’s fault the damages were caused by along with why and how
- Determines who is in the wrong
Why is the nature of fault important in a Tort Case
The level of blameworthiness or responsibility attributed to a person can determine the severity of the actions/damages
- Can also help with determining a sentence if guilty (was there intention?)
Explain the correlation between Intention (MR) and degree of sentencing in a Tort Case
The level of intention examined can lead to an increase in sentence for a defendant if found guilty
What is the most common remedy for Tort Cases
Compensation (monitery benefits)
Explain the difference between Tort Law and Criminal Law
Criminal law aims to punish
Tort law primarily seeks to remedy or repair
