tort law Flashcards
1
Q
what is tort law?
A
allowing a person to claim compensation if they have been injured or their property has been damaged.
2
Q
what does tortious mean?
A
twisted or wrong
3
Q
what four elements are in the tortious liability equation?
A
- duty of care
- breach
- causation
- fault
4
Q
what is a breach?
A
break of duty
5
Q
what is duty of care?
A
a standard someone has to work with (responsibility)
6
Q
what is causation?
A
the link between the first three elements, if the defendant did it
7
Q
what is fault?
A
a responsibility for an accident or misfortune, legal blame.
8
Q
what is one of the rules for tort law?
A
- liability in negligence for physical injury and damage to property
- occupiers liability
- remedy of compensatory damages
9
Q
who made the neighbour principle?
A
lord Atkin
10
Q
what did lord atkin say?
A
- take reasonable care
- not injure your neighbour
- closely and directly affected by my act
