Tort Law Flashcards
What is a tort?
A civil wrong
What are the 5 different torts?
- Nuisance
- Trespass
- Defamation
- Deceit
- Negligence
Define the tort of negligence
Harm experienced by claimant where the defendant failed to take responsible care.
What are the essential components of negligence.
- A duty of care exists
- There is a breach of the duty of care
- There is damage done to claimant
- There is a causual link between damage and breech of duty of care
- Damage must not be too remote
What principle is applied when determining whether a duty of care was present?
The neighbor principle, “Love thy neighbor”
How is Duty of Care usually established in the courts?
Precedant, but where there is no precedant the ‘Caparo Test’ is used.
In what cases of negligence do special rules apply to?
Economic loss
Pshychiatric injury
What is the difference between consequential economic loss and pure economic loss.
consequential - duty of care implied.
pure - no duty of care unless due to misstatement.
What are the two types of victim associated with a pshyciatric injury claim?
Primary - must have been related to incident and in phsycial danger
Secondary - must have a close tie to the victim and proximity to incident. Must be injured due to shock.
When is a breach of care determined?
When the defendant is found to be at fault. Their behaviour is compared to a court defined ‘standard’.
What is the court defined ‘standard’ of behaviour?
The standard is defined as the level of care a ‘reasonale person’ in the position of the defendant would take. There are exceptions where the characteristics of the defendant rely on tests. (Children, illness)
What types of circumstances may affect whether there was a breach of care?
- magnitude of risk
- cost of eliminating risk
- conformity to standard practice
- social value of activity
What is the necessary characteristic of harm done to the claimant?
Must be actual harm, with symptoms of that harm.
What aspects of causation are considered by the courts?
- Causation in fact (the ‘but for’ statement)
- Standard of proof (on balance of probabilities)
- Multiple causes
- A ‘new intervening act’ (a new act of negligence which breaks the chain of causation)
Why is remoteness important?
Defendant is only liable for foreseeable circumstances. Also damage cannot be too far removed from the incident.
