tort defences and remedies

Question 1

what is a tortious liability?

Answer 1

a breach of duty imposed by law which is resolved by unliquidated damages or injuction

Question 2

who is the tortfeasor?

Answer 2

the one who commits a tort

Question 3

who is that tortious?

Answer 3

the one having the tort happen to them

Question 4

examples of torts

Answer 4

• injuring someone in a road traffic accident
• employee injured a work
• landowner who has a trespaser on their land

Question 5

what are damages in tort law

Answer 5

restorative: they seek to put the injured party back to the position as if the tort want committed

(whereas in contract law damages look forward tort damages put people back to pre tort positon)

Question 6

what are the time limits to bring a personal injury damages claims?

Answer 6

3 yers for personal injury
( latent compensation act allows people to claim years after the time limit of 3 years starts after diagnosis)

for example if people got lung disease from asbestos posiing years ago their 3 years would start when they found out they had lung disease

Question 7

what is the time limit to bring a normal tort?

Answer 7

6 years

(claims for equitable remedies have no formal time limit but delays defeat equity)

Question 8

what are the 3 less important defences in tort law

Answer 8

• act of god: when an unprecedented unlikely act of nature that cant be prevented a
• personal defense (allowed but had to be proportional to attack that is coming on to you)
• necessity: a defense where someone may push you out of the way of a moving car and they hurt you.

Question 9

what are the 3 important defences in tort law?

Answer 9

• contributory negligence
• volenti non fit jura
• ex turpi causa

Question 10

what is contributory negligence?

Answer 10

• the only defence which is not a complete defence ie. compensation cannot be reduced to zero some money will be have to paid
• when the defendant as caused harm in some way but the claimant has made their injury worse by something they haven’t done (i. not wearing your seat belt in a crash)

case: jackson v murray

Question 11

what is volenti non fit jura

Answer 11

• complete defence (can get compensation reduced to 0)
• on wrong can be done to someone who concents

1) consent to the inflition of harm (like having an operation)
2) consent to the risk of harm (bunjee juping)

case: morris v murray

Question 12

what is ex turpi causa defence

Answer 12

• an equitable principles
• an action that may not be founded on legality (ie. if you get injured in the process of committing crimes you cannot sue someone for your injuries)

Question 13

what are the two types of injuctions

Answer 13

prohibitory injunction: prevents someone from doing something

mandatory injunction: gets someone to do something

Question 14

what are compensatory damages?

Answer 14

restiutio in intergrum: the principle of restoring C to the positoin had the tort not happened

2 types
-pecuniary
- non pecuniary

Question 15

what are pecuniary damages

Answer 15

generally include the gains of one party that are prevented by the breach of tort rendered futile by the breach of of contract or tort

(something that has to do with money)

Question 16

what are non-pecuniary damages?

Answer 16

generallly include pain, suffering mental disress

Question 17

what are aggrevated damages?

Answer 17

damages to provide compensation for mental disress or injury to feelings caused by the manner or motive with which a tort was comited or by the defednats conduct subsequent to the tort

Question 18

what is a tort

Answer 18

a wrongful action that cuases the claimant loss or harm which is reelif cna bein the form of compensation or damages