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Year 1 - Business Law > S2 - Intro to Tort Law > Flashcards

S2 - Intro to Tort Law Flashcards

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1
Q

what is a tort

A

a civil wrong

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2
Q

why is tort law differnt from contract law

A

contract law is to do with contracts between 2 parties going wrong

whereas

tort law is all about obligations imposed on us that aren’t voluntary

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3
Q

what does tort law concern

A

imposed responsibilities and rights we have simply by being people

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4
Q

in tort law what havent we chose unlike a contracts

A

rights and responsibilities we got to adhere to

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5
Q

tort law fundamentally about

A

not doing harm to others and taking reasonable care to not do others harm that can be foreseen

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6
Q

tort law covers situations such as (looking for 5 here)

A

driving dangerously and knock someone over - caused harm by not taking enough care

famous actrot libelled by a newspaper

employee injured at work

land owner who has had a trespasser on his land

patient injured by a negligient doctor

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7
Q

why si a famus perosn being libelled by a newspaper under tort

A

damages character by saying somethign that ot true so does harm to a perosn

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8
Q

harm is not always physical it can be

A

financial

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9
Q

where does tortious liability arise from and how is it resolved

A

breach of duty imposed by law

an action for unliquidated damages

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10
Q

to breach means

A

break ones obligation

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11
Q

damages =

A

copmensation/money

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12
Q

tortfeasor

A

one who commits tor

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13
Q

whats gthe aim of tort famages

A

so as far as possible , place injured part into positonn (financially) they would be if the tort had never been comitted

the common law remedy as of rught to the successful party

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14
Q

tortious

A

having the nature of a tort

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15
Q

whats the limit to bring claim for damages for personal injury

A

3 years

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16
Q

whats the limit to bring claim for damages for all other tort

A

6 years

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17
Q

which kind of claim have no formla limits but delay defeats equity

A

equitable remedies

delay: in sense you waited some time before you diborught it to court

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18
Q

fundamnetally ehat is tort law about

A

taking reasonable care not to do others harm that can be forseen

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19
Q

outcome in tort law is similar to contract law in the sense that you want …..

A

damages for your troubl

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20
Q

how are tort damages different from contractual damages

A

considers future performance that should’ve taken place when you lived up to your repsonsibilities that you volunteered for

whereas

in tort law we talking about responsibltiies we didnt volunteer for - damages are calculated to put you back in the position as if nothing bad had happened to you

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21
Q

true or false responsibiltiy isn’t as great as it in contract law

A

true tort is less serious

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22
Q

give example of damges in tort law if im driving safely and someone comes and knocks off my window

A

Damages calculated on basis of what wing mirror cost and how much it’s gonna cost you to put you back in time to positio as If tort never been commited

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23
Q

how is peersonal injury as a result of somsoen elses tortious act calculated

A

based on more ocmplicated algorithim

- But payouts vary massivley - depending on who you are , the real loss you've suffered delviered w good evidence 
- Can get future loss sometimes e.g. loss of future potential earnings - some incidents of studetns with potential not yet gone out into the world of work - get into some kind of accident tthat incapcitates them significantly reduces their potential when their potential was enormous 
- But got to have solid evidence clearly indicating the level you were operating at before youre accidnt and the level of incapacity you've suffered and for how lonf
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24
Q

whats teh broad principle for damages in tort law

A

put you in the position as if the harm hadn’t happened to you

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25
Q

what is unliquidated damages

A

amount of money that hasn’t been predetermined or precalcualted by some kind of contractual arrangement
- Could almost be limitless - ther are caps - btu all to play for in terms of the particular story - you not bound by any contratual agreeemnents

for personal injury, the exact amount of compensation for pain and suffering might be unliquidated because it depends on various factors like the severity of the injury and its impact on the person’s life.

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26
Q

what law world are we deaing with when we taling about tort law - and therefore what type of remedies do we get

A

civil world

civil remedies

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27
Q

what are equitable remedies

and whats the catch

A

those things that arent money that would make sittuationbetter for the injure part y and they’re

allowed to ask for only if acted with clean hands in the proceedings
i.e. if played by the letter of the law , if done what they were supposed to do

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28
Q

give example of equitable remediy if someoen wrote something offensive about you ina newspaper

A

may want damages but want them to take it down e.g. injuction

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29
Q

injuction/removal is an example of

A

speciifc performance

30
Q

what branch of law do both contrract law and tort law sit in

A

cibil - non criminal

31
Q

what is criminal law

A

actions brought by the state intended to regulate and control population and curb delinquent behaviour

32
Q

as they are both in the civil system what is their standard of proof

A

balance of probabilities

33
Q

what is balance of probabilities aain

A

evidence gots to be 51% strong to win a case minimum

34
Q

as both in viil wold where does burden of proff lie

A

on the claimant

person bringing forward the claim

35
Q

how is crimnal law different form tort i,e in terms of outcome

A

outcome is potential loss of liberty therefore stakes are higher

36
Q

in the civil law how can stakes be considered high for someone

A

e.g 50k for personal injury

37
Q

but ctiminal law is more dangerous ause peoplee may lose theri

A

liberty

38
Q

what is the standard of proff in ctriminal law and why

A

beyonf reasonable doubt so you are sure

39
Q

what does beyond reassonable doubt mean

A

this is more personal - so gots to be sure - can be a likkle bit of unreasonable stuff

40
Q

in crimnal alw who is burden of proof on

A

state

41
Q

why is burden of proof on state in criminal law

A

we always talking about state v individual

42
Q

in civil law who is versin who

A

individual c individual

43
Q

there can besome overlap in who is purzuing who in crinial law and civil law give an example

A

driving offence

if someone gets hit and gets broken le - several people will be after the driver

toprt - this person caused me harm thriough -reckless driving - we want compensation so issue a claim for personal injury and loss in civil court

police after her might charge her and put her in jail (state)

44
Q

in the criminla law who is not going to be assessed well and why

A

victim

interested in stopping dangerous driver from being a harm to teh public/contorllign perpatrators of crime

state dont exist to compensate victims - this is where tort comes in

45
Q

tort law is an arena for a victim to

A

make claim against another individual for some sort of harm and loss

46
Q

lets say dangerous druiver ase - victim didnt show up - evidence is patchy therefore we cant prove beyond reasonable doubt - has justice been served and what can victim become int the civil world

A

yes as state can only find people guilty of crimes if we sure it was them

victim in criminal situationbecomes claimiant in civil world and pursues action for her loss maybe w same evidence

47
Q

lets say in teh case o ddangerous druvuing hte balance of proabbilities was 60% is it enough in the civil woorld - what canviitm be awarded

A

yes as above 51 %

so victim awarded omepnsation in this scneario

48
Q

what si negligence

A

failure to excersise reasonable care, therby causing injury to others or damage to property

49
Q

to estavlush negligence how many things does claimant have to rpove

A

3

50
Q

to establish negligence what 3 things must a claimant prove

A

defendant owed duty of care to claimant

defendant breached duty of careby failing to conform to the required standard of conduct

defendants breach of duty caused the harm, injury or damage to the claimant

51
Q

negligence is all about

A

how careful you supposed to be not to harm other people around you

we obliged to take certain level of care for those around us

52
Q

we’re obliged to take a certain level of care for those around us - otherwise we commit

A

negligence

53
Q

owe duty of care means

A

you resposnible or somene

e.g other roiad users
doctor to patient

54
Q

what does a breac require

A

assessment of what the duty is

e.g how good and careful you have to be as a driver and what do you do when you fall below that standard

55
Q

when assesing what the duty is the standard is never perfection so what do we think about

A

what amount of imperfeciton is acceptable

56
Q

when we say breach of duty ‘caused’ what do we mean

A

e.g you hadnt already fallen voer

the dangeros driving ‘directly’ caused your injury

57
Q

what is the key case here

A

DONOGHUE AND STEVENSON 1932

58
Q

Before 1932 there was no

A

general responsibility of one person for another

only in prescirbed set of relationships where people had to look after each other and alw agreed ther was a duty

e.g doctor patient

59
Q

what is donoghue and stevensopn case

A

went out for lunch w friend

friend bought her ginger beer

found decomposing snail

suffers shock and gets upset

Donoghue wants to take action for personal injury as maker of drink wasn’t careful enough

60
Q

whats important her int erms of who bought it

A

friend bought it so she not customer of cafe so no contractual roots

so no contractual respoinsbiliity not to do her harm

but she saif manufacturer of product should be resoinsbuuke to ultiate consumer

61
Q

how many times was donoghue’s cliam refused

A

3 timesi

62
Q

in what stage of court was her her appeal accepted

A

house of lotds

62
Q

donoghue and stevenson resulted int eh

A

nrigh bour principle

63
Q

who iestbalished neighbour principle

A

lord atkinson

64
Q

what is neighbour principle

A

you must take reasonable care

to avoid acts or omissions

which you can reasonably foresee

would be likely to injure your neighbout

65
Q

who is your neigjbbour

A

person so closely and directly affected by my act

that I ought to reasonably have them in contemplation as being so affected

when I am directing my mind to the acts or omissions that are called in question

66
Q

why is neighbour principle significant

A

first tim its set out we have a enral responsibblity for our enighbours

blows open tort law

67
Q

what was a question/concern of this case

A

wouild it be in public interest to make everyone repsosniblein this way or not

68
Q

what is negative of everyone being responsible to each other

A

legal system may collapse under everyone complaining about everything all the time

69
Q

what did donouhe and stevenson 1932 establis 2 marks

A

neighbour principle

manufactureer responsible to ultimate consumer of a product (most important point as no longer fot to be paying for somehting to ..?)

70
Q
A
71
Q
A

Year 1 - Business Law (17 decks)

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