Rules of law of tort Flashcards
What is a tort?
tort means ‘wrong’
it involves civil wrongs such as negligence and trespass
What is someone known as if they commit a tort?
a person who commits a tort is referred to as a ‘tortfeasor’.
What the origins of the law of tort
Comes from Anglo Saxon law.
Anglo-Saxon law usually required the payment of money to the victim for civil (and criminal) wrongs committed.
The concept of ‘civil wrongs’ was referred to by various names. However, beginning at the end of the sixteenth century, the term ‘tort’ began to be increasingly used and started to replace the other terms.
The English legal system is a common law system. This means that it is heavily influenced by judicial precedent and, unlike Roman Law, it is largely uncodified.
The common law system provided the means by which the law of tort could develop and grow through the decisions of judges.
What us the purpose of the law of tort
Tort focuses on compensation of individuals in situations where their private individual interests have been infringed.
What is the difference between fault liability and strict liability
Fault liability refers to situations where a person will be only held liable if they were at fault. In most torts, fault must be shown for the defendant to be held liable.
Strict liability refers to situation where a person will be held liable even if they were not at fault
What is the difference between corrective justice and retributive justice?
Corrective justice is sometimes known as restorative justice. It means putting a person back in the position they were in. This might be through the payment of damages or even the issuing of an apology.
Retributive justice is based on punishment. It aims to prevent wrongdoing.
Name some advantages of using tort in law
It provides the means for a person to obtain compensation for the damage caused by the wrong committed by another person. The person can be restored to the position they were in before the tort occurred (this is sometimes known as corrective or restorative justice).
It creates an incentive for persons to avoid committing acts or omissions that might hurt others. It might make people and companies be more careful with their acts or omissions and therefore make society more safe.
People who suffer injuries and are unable to claim compensation may have to go on benefits which will ultimately cost the taxpayer money.
It is supported by the concept of the Rule of Law. For instance, a claimant unlawful detained by the police can bring an action for unlawful imprisonment.
Name some disadvantages of using tort in law
It is creating a compensation culture.
Claims of negligence such as those brought against the NHS cost the taxpayer much money.
Many potential claimants may not have the financial means to bring an action in tort. Legal aid is rarely available for tort.
A tort such as Rylands v Fletcher is a largely strict liability tort and has been criticised for not requiring fault on the part of the tortfeasor.
The system may be abused by people making fraudulent claims.
