Week 1 Torts Flashcards
Angus sues polly, who him down on the road for money to compensate him for medical expences. What type of action is this?
Covil action based on tort
John sures Sally because she promised to sell him her boat for $5000 but refused to deliver it. What type of action is this?
Civi law action based on contract
Paul after drinking in a bar gets into a fight and punches peter. Paul appears before the court charged with assauly. What type of action is this?
Criminal law based action
- Peter claims that paul should be required to pay him damages for the harm to his face, and for the pain and suffering he experienced in being his. What type of action is this?
Civil law action based on tort
Billy enters into a contract with a professional builder to construct a house. The builder does not construct billys house with due care and the house is completed with inadequate footings.
Civil law action with potential concurrent liability in tort and contract
What is the aim of tort law?
Tots are a miscellaneous group of wrongs and there is a disagreement among theorists when It comes to the aims of the law in this area.
What interests does the law of negligence protect?
Bodily and mental scrutiny, security and enjoyment of property, financial and economic interests
Desribe strict liability
Fault on the part of the D is not a necessary element
What is the most accurate definition of corrective justice?
A concept which views liability as rectifying the injustice inflicted by one person on another
What is the objective test for assessing tortious liability?
The conduct of the D is measured against that of some hypothetical, ‘reasonable person, placed in a similar situation.
What are the main sources of tort law
Common loaw and legislation
What are the fault elements in tort law
Intention, recklessness and negligence
