Rules of Tort Law Flashcards
What is civil law concerned with?
Settling disputes between individuals and/or businesses
What is the key difference between criminal and civil law?
Civil is intended to settle disputes, not to punish wrong doing
Give four examples of civil law
Tort law, contract law, family law, employment law
What is the definition of a tort?
Tort is a civil wrong, and tort law compensates
What is the definition of a claimant in a civil case?
The person who has suffered loss or damage and is bringing a claim for compensation
What is the definition of an defendant in a civil case?
The person who has caused the loss or damage
Describe two types of remedy in a civil case
Damages or injunction
What is the judges role in a civil case?
Decide liability, how much damages are and if payment is entitled
On what two grounds can a defendant appeal a civil case?
Against liability to against amount of damages awarded
Who carries the burden of proof in a civil case?
On the claimant
What is the standard of proof in a civil case?
The balance of probabilities
Why is the standard of proof lower in civil cases?
No ones at risk of losing their liberty
Examples of torts that require fault to be proved
Negligence, occupiers liability, psychiatric injury and economic loss
What does it mean that negligence is a common law tort?
The rules have developed as a result of decisions of judges in court
