Law of Torts and Contracts

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Questions and Answers

What is the term used in civil law to describe what common law refers to as 'law of torts'?

Civil liability

What is the fundamental difference between obligations arising from a contract and those arising from tort?

Contractual obligations arise from agreements, while tort obligations arise from conduct causing harm.

What is the significance of Donoghue v Stevenson in the history of common law tort?

It is where the general tort of negligence originated.

When can a single incident give rise to both a contractual and tort claim?

When facts of the case could be analyzed under both contract law and tort law. Signup and view all the answers

In the context of legal systems, what is the main point of similarity between German and common law approach to civil liability or tort?

Both do not follow a general tort theory but have a list or set of specific rights and responsibilities. Signup and view all the answers

Explain the 'factual approach system' in the context of common law and torts.

It means a corresponding tort emerges when a damage occurs. Signup and view all the answers

Why is the German approach to civil liability referred to as a 'Typical System'?

Because it has a list of rights whose violation leads to civil liability. Signup and view all the answers

Is it possible to receive damages from both contract and tort for the same incident?

No. Signup and view all the answers

What is the primary function of tort law?

Compensating damages Signup and view all the answers

How can tort law intersect with criminal law?

Victim's heirs can use a civil action in tort within a criminal proceeding. Signup and view all the answers

What is the main function of contract law, as distinct from tort law?

Protecting promises Signup and view all the answers

According to the legal reasoning behind the development of tort law, what was the starting point of its evolution?

The kind of rights recognized by the court Signup and view all the answers

What type of legal action was used to address issues related to nuisance in the 13th century?

The writ of nuisance Signup and view all the answers

What is the key characteristic of the tort of nuisance?

Damages to the enjoyment of goods Signup and view all the answers

In the context of the tort of disturbance, what is the key factor that weakens the boundary between civil and criminal law?

Damage caused to a person that could be an offence Signup and view all the answers

Early legal actions in tort were based on solving problems with what kind of writ or action?

A kind of writ (legal action) Signup and view all the answers

Before the Donoghue v Stevenson case, what were the two main categories of individuals expected to have a duty of care?

Certain professions (doctors, lawyers) due to trust, and citizens in public functions. Signup and view all the answers

According to the provided text, in the Donoghue v Stevenson case, why could the plaintiff not sue the bartender directly?

The plaintiff had no direct transaction with the bartender, and the bartender couldn't inspect the beer's contents. Signup and view all the answers

In the context of tort of negligence, what does 'non remoteness of damage' mean?

The damage must be a direct consequence of the defendant's actions, and the defendant must not prove that their actions did not cause the damage. Signup and view all the answers

What was Lord Hopkin's specific question regarding the manufacturer's duty in the Donoghue v Stevenson case?

Whether the manufacturer of a good has a legal duty to take reasonable care to the ultimate purchaser when neither seller nor consumer can check the good's quality. Signup and view all the answers

What was necessary to 'activate the tort of negligence', based on the Donoghue v Stevenson case?

A general duty of care, a breach of that duty, damage, and non-remoteness of that damage. Signup and view all the answers

The text mentions that damages can be different for a professional runner compared to a normal person. Why?

Because the professional runner's potential loss of income or ability to compete/perform may be more significant. Signup and view all the answers

What legal test did Lord Hopkin introduce, that is based on general public feeling of moral wrong doing?

Proximity test Signup and view all the answers

In the Donoghue v Stevenson case, who did Mrs. Donoghue have to sue and why?

She had to sue the manufacturer, because she did not have a direct interaction with the bartender, and the bartender had no way to check the product for defects. Signup and view all the answers

According to Lord Hopkin, what is the general conception of relations that gives rise to a duty of care?

The general conception is that particular cases are instances of a broader relationship giving rise to duty of care. Signup and view all the answers

What was the key difference in the legal approach to 'duty of care' before and after Donoghue v Stevenson?

Before, it was limited to certain professions and public roles; after, it became more generalized to all citizens. Signup and view all the answers

What principle did Lord Hopkin use to generalize the duty of care, and what is the core idea behind it?

Neighbor Principle; you must not injure your neighbor. Signup and view all the answers

Before the decision by Lord Hopkin, what was the general view of common law regarding consumer-manufacturer relationships, in terms of responsibility?

There was no direct relationship and thus no responsibility of the manufacturer. Signup and view all the answers

In which two situations was the tort of negligence previously foreseeable, before Lord Hopkin's expansion?

Specific professions or public duties. Signup and view all the answers

What specific US legal case did Lord Hopkin quote to support his idea of expanding the tort of negligence?

MacPherson v. Buick Motor Co. Signup and view all the answers

What was the major concern with applying tort of negligence too broadly to manufacturers, as mentioned in the text?

Its possible negative effect on the economy. Signup and view all the answers

In the context of ginger beer, when does a consumer become a 'neighbor' to the producer according to the text?

As soon as the consumer buys the ginger beer. Signup and view all the answers

Besides being a tort, what other type of offense can libel be?

Criminal offense. Signup and view all the answers

What is the general kind of tort that is connected to a writ of trespass?

It is the general kind of tort that is connected to a tort. Signup and view all the answers

What are the three categories of items or entities that trespass can be connected to?

Persons, goods, and land. Signup and view all the answers

What are two examples given in the text for the writ of trespass of persons?

Robbery and beating. Signup and view all the answers

What are the two essential elements for a writ of trespass that relate to damages of goods?

The use of physical force and the intentional injury. Signup and view all the answers

What type of cases did the writ in consimili casu cover?

Similar, but not identical cases. Signup and view all the answers

What was the original, essential element of the writ of trespass?

Damage caused with the use of strength, involving a violent attack. Signup and view all the answers

What key element is required to activate compensation when dealing with negligence?

A specific relationship of trust between the person who suffered damage and the person who caused the damage. Signup and view all the answers

In the Macpherson case, why was Buick held liable despite not having a direct relationship with the plaintiff?

Buick was held liable because they were the producer of the car, and the defect in the wheel, though built by a third party, was considered a fault in the car's production. Signup and view all the answers

What crucial change in tort law was initiated by the Donoghue v Stevenson case?

It established a general tort of negligence. Signup and view all the answers

What is the fundamental principle of the French legal system regarding damages, and where does it originate?

The principle is Nenimem Laedere, which states that all damages, contractual or non-contractual, should be compensated. It originates from giusnaturalism, specifically Grozio. Signup and view all the answers

In the French system, what is meant by "responsabilite delictuelle"?

Responsabilite delictuelle refers to the obligation to repair damage caused by one's actions, highlighting a general rule of liability for damages. Signup and view all the answers

According to the French approach, what three conditions must be met to establish responsibility for damages?

The three conditions are: an event, damage (personal, direct, and sure), a wrongful act or fault (abuse of a right or negligence), and a causal link between the event and the damage. Signup and view all the answers

How does the French approach differ from the common law approach to torts regarding the creation of general rules?

The French approach begins with a general rule and applies it to specific cases, whereas the common law approach typically identifies a problem and then finds a solution. Signup and view all the answers

In the French model, what is the significance of the 'wrongful act' or 'fault' element in establishing liability?

It signifies that something must be done in a wrong way, either breaching a rule or violating the principle of diligence, showing a deviation from expected behavior. Signup and view all the answers

What type of test can be used to determine the causality link in the French model?

A foreseen probability test is a consideration. Signup and view all the answers

Flashcards

Law of Torts

A legal concept that refers to the body of law that addresses civil wrongs caused by one person to another, resulting in harm or damage.

Negligence

This is the primary source of liability in the law of torts. It arises from a person's careless conduct that results in harm or damage to another person.

Donoghue v Stevenson

A landmark case that established the concept of general negligence in English law. It set a precedent that recognized a duty of care owed to persons who are closely and directly affected by someone's actions.

Factual Approach System

A legal system that uses a case-by-case approach to determine liability based on the specific facts of each case.