Tort law intro Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is Tort Law?

A

Tort Law is a civil wrong that compensates a person who has suffered a loss, or been injured, or whose property is damaged due to someone else’s actions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How is Tort Law different from criminal law

A

Criminal law is about punishing someone who has done wrong, whereas a Tort cases focuses on compensating a claimant/victim.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the aims of Tort Law?

A
  • To provide remedy to the claimant.
  • Usually in the form of compensation or an injunction which forces the defendant to stop doing a certain action.
  • Achieving and upholding justice
  • Deterrence
  • Upholding morality
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

How many parties are in a Tort case?

A

3 parties - The Claimant The Defendant and The Judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Who is the claimant in a tort case?

A

The person who suffered loss/injury. They must make the claim against the defendant and prove they are liable on the ‘balance of probabilities’.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What will the defendant be found if they are responsible?

A

Liable or not liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

If a claimant has a protected interest taken away they have a tort law case. What are the three protected interests?

A

Your person (physical/mental harm)
Your land and property (interference)
Your economic loss (money/ business loss)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly