Tort Law 3.1 Rules of Tort Law

Question 1

Common Law

Answer 1

Derived from custom and judicial precedents rather than statutes.

Question 2

Acts of Parliament

Answer 2

Texts of law passed by the legislative body of jurisdiction.

Question 3

Why is tort law private?

Answer 3

It provides redress when we suffer damage to our person, property or enjoyment of land through non-criminal actions of others.

Question 4

What is civil law concerned with?

Answer 4

Settling disputes between parties.

Question 5

Remoteness of damage

Answer 5

Was damage reasonably foreseeable by D at time of breach.

Question 6

Fault case Tort Law 3.1

Answer 6

Cambridge Water v Eastern Counties Leather:

D owned a leather tanning business. Solvent spillage occurred over a long time which seeped through the floor into soil. This caused C’s borehole to be contaminated so it couldn’t be used anymore for residents’ water.

Held: D not liable since damage was too remote and was not reasonably foreseeable that spillages would cause the borehole to close.

Question 7

What is fault required in?

Answer 7

Negligence, occupiers liability, psychiatric damage, pure economic loss caused by negligent misstatement.

Question 8

What is fault not required in?

Answer 8

Nuisance, Rylands v Fletcher, vicarious liability

Question 9

Define Damages

Answer 9

Money calculated to return C to original position before tort took place.

Question 10

Define Injunction

Answer 10

A court order to stop; most common in trespass and nuisance.