TORT Flashcards
If a defendant has been convicted of a criminal offence, they are presumed to have committed that offence.
In tort, this can help a claimant prove that a defendant has fallen below the reasonable standard of care, if the offence involves careless conduct.
Civil Evidence At 1968
S 11
Exclusion of Liability
B2B - the defendant must be acting in the course of business.
UCTA 1977
S 2(1) ( PI and injury)
Exclusion of Liability
B2B - the defendant must be acting in the course of business.
UCTA 1977
S 2(1) ( PI and injury)
Exclusion of liability
B2C ; the defendant must be acting as a trader, and claimant acting as a consumer
Exclusion of liability for PI and injury
CRA 2015
S 65(1)
Exclusion of liability
B2B
Defendant can excluder or restrict liability only if exclusion satisfies reasonableness test
UCTA 1977
S 2(2)
Exclusion of Liability
B2C
Defendant can exclude liability if it is fair
CRA 2015
S 62
Definition of reasonableness, for excluding liability
UCTA 1977
S 11
It is not possible for the driver of a car to use the defence of consent against a claimant who was a passenger in their vehicle
Road Traffic Act 1988
S 149
Claimant cannot be found to have failed to mitigate their loss by paying for PRIVATE treatment, rather than NHS
Law Reform (Personal Injuries) Act 1948
S 2(4)
Claimant cannot be found to have failed to mitigate their loss by paying for PRIVATE treatment, rather than NHS
Law Reform (Personal Injuries) Act 1948
S 2(4)
Court can award damages for personal injury as periodic payments rather than as a lump sum
Damages Act 1996
S 2
X
Statute that governs where a claimant dies before they have recieved an award of compensation
The law reform (miscellaneous provisions) act 1934
Statute that governs where a claimant dies before they have recieved an award of compensation
The law reform (miscellaneous provisions) act 1934
the statute that governs the estate being able to continue or commence a claim on behalf of a deceased claimant
Fatal accidents act 1976
