Torts Overview Flashcards

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

Torts

A

Civil wrongs for which law provides a remedy

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

The law of obligations

A

Part of civil law as opposed to criminal law. Includes Tort, Contract, law of restitution and the law of trusts.

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

Tort and property law relationship

A

Tort protects real property through the law of trespass. Property law defines who owns what land, and tort law protects the rights of the owner against unwanted intruders.

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

Claimant

A

Previously plaintiff. This is the wronged party or victim of a situation who brings a civil action

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

Tortfeasor

A

The alledged wrongdoer who committed a tort, not always a party to an action e.g. in vicarious liability.

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

Peter Cane argument

A
  • tort law has an ethical nature, based on responsibility.
  • against the use of legal formulae, arguing the correlative relationship of the parties should be taken into account rather than just applying rules and principles
  • legal concepts shouldn’t be mapped out in too restrictive of a way; and the field of tort is a dynamic and changing one
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Tort and the HRA

A
  • HRA made violations of applicable rights by a public authority actionable in domestic courts
  • made it possible to pursue public authorities e.g. chief constable or local education authority.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly