TORT Law

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What is a breach of duty?

The act of breaking the law or a duty, agreement, relationship, or promise.

What is the burden of proof in a civil claim?

It is the balance of probabilities.

What is the burden of proof in a negligence claim?

the claimant has to prove the burden of proof to prove the elements of the negligence claim- this is by the defendant has breached a duty of care that causes damage to the claimant.

Who is a claimant?

The person who makes a civil claim. Signup and view all the answers

Who is the defendant?

The person who is accused of committing a tort. Signup and view all the answers

What is Consequential Economic Loss?

is financial losses suffered as a result of physical damage. Signup and view all the answers

What is a duty of care?

A legal duty imposed on a person to take reasonable care in all circumstances to avoid causing harm to another person. Signup and view all the answers

What does Liability mean?

A persons legal responsibility for their act or ommissions? Signup and view all the answers

What does Negligence mean?

The breach or Omission of a legal duty to take care which results in undesired injury or harm to the claimant, by the defendant. Signup and view all the answers

What does omission mean?

A failure to act or to do something. Signup and view all the answers

Who is a Primary victim?

A person who suffers a psychiatric injury or harm as a result of being involved in an incident. The claimant does not need to of suffered any physical injury but must have been in danger or reasonably believed that they were in danger. Signup and view all the answers

What is pure economic loss?

Financial losses that are not sustained as a consequence of damage to the claimant or claimant's property. Signup and view all the answers

Who is a reasonable person or a reasonable man?

the reasonable man is a imagined reasonable perso, who was careful and took into ordinary considerations. In applying certain legal tests, the courts will consider how they behaved. This is an objective test. Signup and view all the answers

what does remoteness mean?

Is the damage suffered by the claimant must not be too remote- the consequences of the defendant's actions must not have been so far removed that they were unforceable. Signup and view all the answers

Who is the secondary victim?

A person who suffers psychiatric harm as a result of seeing or hearing about something that has happened to someone else. Signup and view all the answers

Explain what Tort means?

A Tort is a civil wrong, an act or an ommison that leads to injury or damage to another person or property. Signup and view all the answers

What does Vicarious Liability mean?

A party is liable for the unlawful actions of a third party. contrast this with primary liability, where a party is liable for their own unlawful actions. Signup and view all the answers

what interests are there that are protected by Tort law?

Personal integrity, reputation, use of land, privacy, damage to property, and financial loss ( both pure and consequential) Signup and view all the answers

what relevant torts are linked to personal integrity?

trespass to the person ( includes assault, battery, false imprisonment, and the rule in Wilkinson v Downtown). Negligence Occupiers liability Employers liability Product liability Statutory Harassment. Signup and view all the answers

what relevant torts are linked to reputation?

Defamation-both libel and slander breach of confidence Signup and view all the answers

what relevant torts are linked to the Use of land?

Trespass to land Nuisance (public and private,including the rule in Rylands v fletcher) statutory harassment claims. negligence Signup and view all the answers

what relevant torts are linked to privacy?

Invasion of privacy, breach of confidence, statutory harassment claims, trespass to land, nuisance-both public and private, Negligence. Signup and view all the answers

what relevant torts are linked to damage to property?

Negligence, Occupiers Liability, Product Liability, Employers Liability, Trespass to Land, Nusiance- both public and private, including the rule in Ryland v Fletcher. Signup and view all the answers

what relevant torts are linked to Financial Loss- Both Pure and Consequential?

Negligence, Product Liability, Defamation- both libel and slander, Nuisance- Both public and Private. Signup and view all the answers