Tort Law: Rule of Tort Flashcards

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1
Q

What are the two remedies that may be awarded in a tort case?

A

Damages = payment of money.

Injunction = an order of the court to stop doing something

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2
Q

In civil trial courts, what will the judge decide?

A

Liability

The amount of damages to be paid

If the winning party is entitled to the payment of their legal costs by the losing party.

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3
Q

How can one of the parties appeal against the decision of the judge?

A

Against liability = on the grounds that the judge misdirected themselves on relevant law

Against the amount of damages awarded = on the grounds that they were excessive or insufficient

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4
Q

What are the torts that require fault to be proved?

A

Negligence

Occupiers’ Liability

Psychiatric injury

Economic loss

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5
Q

What are strict liability torts?

A

Where the fault does not need to be proven.
Nuisance = an action to stop unreasonable use of neighbouring land

Rylands V Fletcher = an action for damage to land caused by material escaping from neighbouring land

Vicarious liability = when employee commits a tort in the course of their employment.

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6
Q

What is negligence in tort law?

A

An act or failure to act due to the fault of the defendant which causes injury or damage to another person or their property.

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7
Q

What case defines negligence?

A

Blythe V Birmingham Waterworks Co. 1856 by Baron Alderson as “failing to do something a reasonable person will do or doing something which a reasonable person would not do.”

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8
Q

What must be proved in a negligence claim?

A

Duty of care = reasonably foreseeable harm

Breach of duty = defendant falls below standard of care appropriate to the degree of risk

Damage caused = defendant’s risk causes damage.

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9
Q

What is occupiers’ liability?

A

Defined under the Occupiers Liability Act 1957, where the occupier of the premises owes a duty of care to lawful visitors.

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