Theory of Tort Law Flashcards
What does tort focus on?
Compensation for individuals in situations where their private interests have been infringed
What does tort law provide?
A means for C to obtain compensation for the damage caused and it acts as a deterrence
What is the role of establishing a duty of care in negligence cases?
To limit the responsibility of D and the number of potential cases
What needs to be proved to establish if a duty of care is owed?
If it was reasonably foreseeable that harm would occur, if the relationship between C and D was proximate in time and space and if it’s fair, just and reasonable for a duty of care to be imposed
Why are there restrictions on imposing a duty of care?
The number of potential C’s would be too big and it puts genuine C’s at a disadvantage
When is a duty of care imposed for pure economic loss?
When a financial loss is suffered as a result of acting on D’s negligent advice and there was a special relationship between C and D
What factors can change the standard of care which D is required to reach?
Special characteristics of D, risk factors and D’s conduct compared to that of a reasonable person
