Theory of tort law Flashcards
In which torts does the claimant have to prove fault?
Torts based on negligence
How does the claimant prove fault?
By proving there is some wrongdoing by the defendant and they are to blame for the loss or injury suffered by the claimant
What is the standard of proof?
Balance of probabilities
In which tort does the claimant not have to prove fault?
Private nuisance, Rylands v Fletcher, Vicarious Liability
What defences are available in tort?
Consent, contributory negligence, warning notices
Why is the award of compensatory damages seen as not morally correct ?
The D may have only been in fault in a small way, but have caused significant loss to the claimant. The compensation payable will not reflect the fault of the D.
What novel duty of care was imposed in the case of Watson v British Boxing Board of Control?
How did Robinson v CC of WY change the law of negligence?
How can you argue that the ‘prevention of the floodgates of litigation’ requirement is not morally justifiable?
What are the arguments that it is acceptable to limit when you can claim for pure economic loss? What are the arguments against this?
Why impose all the hurdles for sufferers of psychiatric injury in negligence?
What are the criticisms of the requirements placed before you can claim for psychiatric injury?
What are injunctions?
How does miller v Jackson support Roscoe Pound’s theory?
