Tort law Flashcards
What is a tort?
A breach of a duty of care causing harm
What was Cookes model for defining a tort?
An act or ommission + causation + fault + protected interest + damage = liability
Which case can be used to describe the tort of negligence?
Donoghue v Stevenson - snail in ginger beer
Which principle did the Donoghue v Stevenson case create?
The neighbour principle - You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour
To pursue a claim in the tort of negligence, what needs to be proved?
That the claimant suffered a loss which was as a result of the act or omission of the defendant, which was forseeable.
What is the model for defining liability in the tort of negligence?
Duty of care + breach of duty of care + resultant and forseeable loss = liability
What is meant by the tort of defamation?
Defamation is designed to protect reputation. Prevents harm to reputation via slanderous or libellous acts.
Which act states that a defamatory statement must case harm?
Defamation Act 2013
Which case represents the tort of private nuisance?
Miller v Jackson - cricket club
What is the aim of a remedy in tort law?
To place the claimant in the position they would have been in had the tort have not occurred.
What remedies are available in tort?
Damages, injunctions.
