Tort Law Flashcards
What is tort?
A tort is a civil wrong for which a remedy, usually compensation, is available to the wronged person in the civil courts.
-land, person, belongings, reputation
What is the aim of tort damages?
The general aim of an award of damages in tort is to put the injured party in the same position as he would have been in if the tort had not occurred. Damages in tort aim to restore the claimant to his pre-incident position.
What is a tortfeasor?
Apersonwhocommitsatort,eitherintentionallyorthrough negligence.
Compare tort to criminal law. Is there an example that something would be actionable both in crime and tort?
In criminal law, the defendant is prosecuted by the state in the Magistrates’ Court or Crown Court. If found guilty, the defendant will be punished by imprisonment, fine etc.
In tort, the defendant is sued by a claimant in the County Court or High Court. If found liable, the defendant will have to pay compensation to the claimant.
Both criminal and tort: trespassing, assault, public nuisance.
What would be the requires standards of proof in criminal and tort?
The standard of proof in criminal is beyond reasonable doubt.
The standard of proof in tort is the claimant must prove their case on a balance of probability.
What is defamation?
Defamation is claimed when an individual makes an untrue statement about you communicated to a third party, that causes serious harm to ruin your reputation. Defamation is trialled by jury in the high court.
What is the difference between libel and slander?
Libel and slanderare both types ofdefamation.
Libelis an untrue defamatory statement that is made in writing (anything in a permanent form), actionable per se, no proof of damage required. Libel is more serious because of intention.
Slander is an untrue defamatory statement that is spoken orally (proof of damaged required: serious damage caused). It could be accidental.
What are the three types of trespass? Do they require proof of damage?
-Land: Being on someone’s land without permission. (equitable remedies- injunction)
-Person: assault, battery, false imprisonment
-Goods: Using a person’s things without consent.
Actionable per se, no proof of damage required.
What is the tort that protects your right to use and enjoy land without the interference of others?
Nuisance
