Week 9 - What is Tort? Flashcards

1
Q

Define tort

A

Tort is a civil wrong independent of contract

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2
Q

What is the most important tort for business?

A

Negligence, especially to protect consumers

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3
Q

How are remedies different in tort compared to contract?

A

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

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4
Q

What do we call someone who has committed a tort?

A

Tortfeasor / claimant

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5
Q

Define strict liability

A

An offence under legislation that one can be sued for doing, whether they meant to/knew or not

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6
Q

What is duty of care?

A

The law imposes a duty to take reasonable care to not negligently or intentionally cause damage

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7
Q

What does the Limitation Act 1980 state?

A

Actions in tort must be brought within six years of the date of the event giving rise to the right of action

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8
Q

Claims for personal (physical) injury must be brought within…

A

Within three years of either the date on which the tort was committed, or from when the injury attributable to the tortfeasor became known

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9
Q

When would tort time limits differ?

A

Where the claimant is suffering a mental disorder or is a minor

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