tort law Flashcards
liable
judges decisions that the case against defendant is proved so defendant should pay compensation
civil law
law concerned with relationship between individuals
claimant
person who suffered loss or damage and is bringing a claim for compensation
defendant
person who caused loss or damage
damages
payment of money using compensation
injunctions
order of court to stop doing something e.g. stop making noise after 10pm
strict liability
civil action where fault of defendant does not need to be proved
advantages of strict liability
simpler and cheaper for claimant to prove as doesnt require evidence as to why action happened
consent and con neg
defendant can raise a defence and dispute claimants case and suggest claimant wholly or partly caused their own injury
negligence test
failing to do something which the reasonable person would do
case for negligence
Blythe v birmingham waterworks co
what needed for negligence
duty
breach
damage
duty of care-neighbour principle
must take reasonable steps to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour
case for neighbour principle
donoghue v stevenson
who is your neighbour
so closely and directly affected by my act that i ought reasonably have had them in contemplation as being so affected when i am directing my mind to the acts or omissions
caparo v dickman point of law
negligence claim will only succeed if 3 hurdles can be passed
caparo v dickman test
1.is damage foreseeable
2.is there proximity between parties
3.is it fair just and reasonable to impose a duty
