Tort law intro Flashcards
What is Tort Law?
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 is Tort Law different from criminal law
Criminal law is about punishing someone who has done wrong, whereas a Tort cases focuses on compensating a claimant/victim.
What are the aims of Tort Law?
- 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 many parties are in a Tort case?
3 parties - The Claimant The Defendant and The Judge
Who is the claimant in a tort case?
The person who suffered loss/injury. They must make the claim against the defendant and prove they are liable on the ‘balance of probabilities’.
What will the defendant be found if they are responsible?
Liable or not liable
If a claimant has a protected interest taken away they have a tort law case. What are the three protected interests?
Your person (physical/mental harm)
Your land and property (interference)
Your economic loss (money/ business loss)