The Basic Principles Chapter 1 Flashcards
“Tort” is the french word for?
Wrong
Tort is defined as..
tort’ is a civil wrong that occurs where someone unfairly causes another person to suffer loss or harm.
What does Tortfeasor mean?
a person who commits a tort.
In a civil case for tort who will be the claimant and who will be the tortfeasor?
Victims - Claimant
Defendants - Tortfeasor
What is the meaning of the term “the tort of negligence”
The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
What does Liability mean in a negligence claim?
Liability for negligence is a civil, not a criminal, matter. It is for the victim to prove that the defendant owed them a “duty of care”, that that duty was breached, and that they have sustained either foreseeable harm or economic loss as a consequence of the negligence alleged.
The law of tort imposes a duty to people not to harm others. What does “harm” include?
Damage to peoples bodies, minds, their homes, their property, their reputations and their business interests.
The law of tort establishes three important rules of conduct. what are they?
- Normative rules
- Compensation for the victim
- retribution against the tortfeasor
What does normative mean?
A standard level of behaviour that everyone should observe.
what does Compensation mean?
Compensation usually takes the form of financial damages but courts can use equitable remedies such as injunctions.
what does retribution against the tortfeasor mean?
imposing limits on how people behave.
Name 4 common law torts?
- Negligence
- Nuisance
- Defamation
- Trespass
Name the 3 essential elements that must be proved in all negligence claims
- duty of care
- Breach of duty of care
- damage which is a foreseeable consequence of the defendant’s breach of duty.
Which of the following is not a required element in establishing a negligence action?
a) Breach of duty
b) Malicious intent on the part of the defendant
c) Duty of care
d) Causation of damage of a legally recognised type
b) Malicious intent on the part of the defendant
Which of the following best describes the main function of ‘duty of care’ in negligence?
a) It ensures that the correct defendant is sued
b) It ensures that the claimant is always within the time limit for bringing an action
c) It ensures that the tort of negligence does not extend too widely
d) It ensures that the wrongdoer has actually been careless
c) It ensures that the tort of negligence does not extend too widely
‘Duty of care’ is the main limiting device for the tort of negligence.
