Week 9 - What is Tort? Flashcards
Define tort
Tort is a civil wrong independent of contract
What is the most important tort for business?
Negligence, especially to protect consumers
How are remedies different in tort compared to contract?
Contract you are looking to put victims as if the contract had happened, tort you are looking to put the injured party to the same state as before the incident
What do we call someone who has committed a tort?
Tortfeasor / claimant
Define strict liability
An offence under legislation that one can be sued for doing, whether they meant to/knew or not
What is duty of care?
The law imposes a duty to take reasonable care to not negligently or intentionally cause damage
What does the Limitation Act 1980 state?
Actions in tort must be brought within six years of the date of the event giving rise to the right of action
Claims for personal (physical) injury must be brought within…
Within three years of either the date on which the tort was committed, or from when the injury attributable to the tortfeasor became known
When would tort time limits differ?
Where the claimant is suffering a mental disorder or is a minor