rules of tort - topic 9 Flashcards
what is civil law concerned with?
settling disputes between individuals, individuals and businesses or between a business and another business
what is the key difference between civil law and criminal law?
civil law is mainly intended to settle disputes not to punish wrong doing
give 4 examples of civil law
- tort law
- contract law
- family law
- employment law
what is the definition of a tort?
a civil wrong doing
what is the definition of a claimant in a civil case?
the person who has suffered the loss or injury
what is the definition of a defendant in a civil case?
the individual or business who has caused the loss
describe two types of remedy in a civil case
damages and injunction
what is the judge’s role in a civil case?
decide liability, how much damages should be paid and if the winning party is entitled to the payment of his legal costs by the losing party
on what two grounds can a defendant appeal to a civil case?
against the liability
against the amount of damages awarded
who carries the burden of proof in a civil case?
the claimant
what is the standard of proof in a civil case?
‘the balance of possibilities’
why is the standard of proof lower in civil cases?
the defendant is not being punished and is not at risk of losing his liability
give some examples of torts that require fault to be proved
negligence, occupiers liability, psychiatric injury and economic loss
what difficulties do claimants face in these cases?
if the claimant can’t provide sufficient evidence to prove fault they will be left without compensation even if suffering from physical injury or damage to his property
provide the most common situations where the tort of negligence applies
nuisance, vicarious liability
