Tort Law Flashcards
The Nature/Aim of a Tort
To provide remedies to individuals who have suffered harm due to the actions or omissions of others, and to prevent future harm by discouraging certain behaviours.
What is a Tort?
A tort is a civil wrong that causes harm or loss to an individual, for which the injured party can seek compensation.
What is a tortfeasor?
A tortfeasor is the wrongdoer or defendant, while the injured party is the plaintiff.
Common Types of Torts
- Negligence
- Defamation
3.1 Trespass of land
3.2 Trespass of a person (battery) - Nuisance (unintentional trespass of land)
- Strict Liability Tort
- Occupiers Liability (the duty of care the occupier of that land owes to the trespasser)
General Defences of Torts
- Inevitable Accident
- Consent of the Plaintiff
- Necessity
- Statutory Authority
- Limitation of Actions
General Defences of Torts: Inevitable Accident
No reasonable precaution would have prevented the occurrence of an accident.
General Defences of Torts: Consent
Those who undertake to run the risk created by the defendant cannot later complain if, while doing so, they are injured as they signed a waiver.
General Defences of Torts: Necessity
Necessity justifies otherwise unlawful actions when they are carried out to prevent greater harm or damage.
There must be no reasonable alternative or there must be imminent danger.
General Defences of Torts: Statutory Authority
Where a statute has expressly authorised the action or the action is a necessary consequence of what is authorised, this is a complete defence except in cases where negligence is proved.
General Defences of Torts: Limitation of Actions
According to Statute of Limitations Act 1957, a tort action can generally only be taken within six years from the date on which the cause of the action arises.
Actions for claim of damages for negligence, nuisance, personal injuries must be brought within two years of knowing.
What is Negligence?
Negligence as a tort is a breach of a legal duty to take care, which results in damage to the claimant.
What is Contributory Negligence?
If the plaintiff contributed to their own harm through their own negligence, the damaged may be reduced proportionally.
What is Vicarious Liability?
Vicarious liability imposed in situations where one person is held liable/responsible for civil wrong(s) perpetrated by another person.
What is Negligent Misstatement?
Negligent misstatement referees to a situation where a person makes a false or inaccurate statement to another person, leading the recipient to suffer a financial loss as a result of relying on incorrect information.
