Tort Law And Tort Of Negligence

Question 1

What is a tort

Answer 1

A specified civil wrong e.g negligence

Question 2

4 key terms in tort (t,l&d,i,rp)

Answer 2

Tortfeasor- the person who committed the tort (wrongfully caused harm to another)
Loss and damage- describing the harm suffered by the claimant, the loss is quantified by courts in financial terms
Injury- another form of damage, e.g physical, psychological and economic injury or loss
The reasonable person- a hypothetical person used in court to determine the reasonableness of a course of action

Question 3

The three elements for the claimant to establish

Answer 3

1) the defendant owed a duty of care
2) the defendant breached the duty of care
3) the claimant suffered loss or damage as a result of the breach of duty

Question 4

Three elements in detail

Answer 4

1) duty of care- Donoghue v Stevenson- claimant fell ill from drinking ginger beer with snail at bottom
Lord Atkins neighbour principle- take reasonable care to avoid acts that you can reasonably foresee would likely cause harm to your neighbour