Rules and Theory of Tort Flashcards
What’s is the purpose of tort law?
Exists to protect people’s rights from injury, in relation to property
What is an injunction?
Asking the court that they order someone to stop doing something
Claimant is looking for the court to award this
What is the judges role in a tort case?
The liability
Amount of damages to paid
If the winning party is entitled to payment of legal costs by losing party
What two terms can one of the parties appeal against- in term of the judges decision?
The liability
Amount of the damages
What is the burden of proof?
A party’s duty to prove a disputed charge
Who holds the burden of proof in civil claims?
Rests on the claimant
What is the standard of proof?
On the balance of probabilities- more likely than not they are liable
What is the main point of tort law?
A person has a certain interest which others have the obligations or duty to respect
Which three interests does tort law protect?
Personal harm
Harm to property
Financial interest
What is compensation culture?
People will sue for even the most trivial things- countered by the Compensation Act 2006
What are two different relationship types between parties?
Contract- Agreed terms between parties
Tort- No formal relationship before the incident
