tort law

Question 1

what does the latin word tort mean

Answer 1

crooked or twisted

Question 2

what is corrective justice

Answer 2

we do not unreasonably intefere with other people or property

Question 3

what are the 2 elements of corrective justice

Answer 3

fault and causation

Question 4

how is corretive justice achieved

Answer 4

BY compensation

Question 5

what is the general focus of tort of neligence

Answer 5

amke people of damages

Question 6

what is negligence

Answer 6

refers to a tort where injury or loss is caused to the injured party by the tortfeasors fsi;lure to keep a legal duty to take reaosnable care of which compensation is sought.

Question 7

established duty pof care

Answer 7

one road to another
- doctor to patient#
- emplpuet o employee
manufacturer tyo consumer
- teacher to pupil

Question 8

donoghue v stevenson

Answer 8

etsablsiehd the neighbour pricniple

Question 9

lord atkin in donoighue v stevensonb

Answer 9

you mjst take reaosmable care to avoud acts or omissiosn which you can reaosnably forsee would be likely to injrue your neighbout.

Question 10

DUTY OF CARE - Modernt est

Answer 10

caparo industries plc bv dickman et al

Question 12

modern test duty of care reuwirments

Answer 12

reaosnabvle foresight of ahrm to the c
sufficient proximity of relaitonship between claimant and d
that is fair, just reaosnbale to impsoe a duty

Question 12

ROBINSON V KILVERT 1889

Answer 12

• d carried on a business of amkign paper boxed wh9ich required warm dry atmoshpere.
• d oeprated from the basement of theirt premises and rented out the groudn floor to c
  c 8used the premises for storage of brown paper
  heat from d’s business damaged the brown paper belognign to c.
  held d was not laible bnecause the damage was due tot he special sentitivity of the paper and therefore was not forseeable.

Question 12

page v smith

Answer 12

chronic fatigue syndrom. held that some perosnaly injury was forseable. it did not matter whether injury was physcial or psychaitricull principle take your victim as u find him.

Question 13

Steel v nram

Answer 13

clarified that the tripartie caparo duty of care is not how the tort of engligence shoudl be dveeloped.

Question 13

sensitive claimants

Answer 13

haley v london electrocoty bpard 1965/. held it was fprseeable that a blidn perosn mgih walk down the street as they shoudl be given reaosmable proteciton.

Question 14

taylor v glasgow

Answer 14

• a boy of 7 aste soem berried from one fo the shrubs
• it was poisonous, he died.
• turned out trhe shrub was unfenced. no warnign signs were placed.
  held- glasgow co. was liable.
  11

Question 15

tomlinson v conglewton bc 2004

Answer 15

• c broke his neck after diving in a shallow lake owned by d
• clear wanring signs had been placed
• held risk arose out of the action of c nto the state of the premises.

Question 16

bourhill v young 1943

Answer 16

0 motocyclist died at scene
- pregnant woman got stillbirth
h of l held no duty pf care
- p was merley a bystander in no physical danger
injuries not reoasnbaly forseeable/

Question 17

hedley v bryne v heller 1964

Answer 17

• cases of pire economic loss
• potential fort statmenbts to have wide disseminaiton and imapoct]-
• forseeab9i;y anf proximity could be adapted

Question 18

clavert v william hill 2008

Answer 18

• c had a gmablign addiction
• he regsietred under d’s self execusion policy
• d’s agent lost c’s infor andf a
  lowed c to continue to betting
• c lost moneyu
• held d fialerdf in theit duty of ca5e to c, hwoiever no cauxsation has c would have lost his moeny elsewhere

Question 19

anns v merton lbs