rules and theory: law of tort- introduction

Question 1

why is it called private law?

Answer 1

• private individuals or companies who are going up against other private individuals

Question 2

what is tort?

Answer 2

• civil law
• tort comes from the French word wrong
• the law allows people to claim compensation when they have been injured or their property has been damaged

Question 3

what is negligence?

Answer 3

• this can apply in a wide range of situations e.g. driving, medicine
• looking at situations where a person may be injured or their property may be damaged because of the negligence of another person
• negligence is the breach of a legal duty to take care resulting in damage to the claimant which was not desired by the defendant

Question 4

Blyth v Birmingham waterworks

Answer 4

• negligence is the omission to do something which a reasonable man would do or doing something which a prudent and reasonable man would not do

Question 5

how do you prove negligence?

Answer 5

1. duty of care
2. breach of that duty
3. the breach cause damage

Question 6

remedies

Answer 6

• if you are successful then you may be able to claim damages- financial payment
• the aim of this is to put the claimant back into the position they would have been in had the negligence not occurred
• injunction
• stops the party from doing something or forces them to do something e.g. stop someone playing music after 10

Question 7

courts and tracks

Answer 7

courts:
- starts at the county court for lower value claims or the high court for higher value claims
- allocated to that particular court based on the value and complexity of the case

tracks:
- the value and complexity are assessed by looking at which track is most suitable
- small claims- lowest value, simplest cases
- fast track- in between cases
- multi-track- most complicated and high-value cases

appeals:
- will be heard at court of appeal and may go to supreme court

Question 8

standard of proof

Answer 8

• how much the claimant must prove their case
• on the balance of probabilities (more likely than not)
• the claimant has to prove that their version of events is more likely than not- judge needs to be 51% sure that the claimant is telling the truth
• differs from criminal law as it requires a much higher standard of proof

Question 9

fault v strict liability

Answer 9

• usually, you have to prove that the defendant is at fault and this fault caused the damage
• strict liability- no need to prove fault e.g. serving alcohol to underage despite having an id
• law of nuisance- an action to stop an unreasonable use of neighbouring land
  -rylands and fletcher- an action for damage to land caused by material (usually water)
• vicarious liability- where an emloyee does something in the course of their employment and therefore their employer is vicariously liable

Question 10

balancing interests in tort

Answer 10

• judge aims to balance the interests of all parties
• public interests will prevail over private interests

Question 11

morality and tort

Answer 11

• morals are based on people’s beliefs
• is it morally right if the duty of care is owed and broken, compensation will be paid
• what if a firefighter, whilst rescuing you from a burning building, dislocated your shoulder?

Question 12

justice and tort

Answer 12

• judges attempt to provide justice in every case
• requires a person who has breached a duty to pay compensation to the victim
• can money ever compensate for a serious injury or death?