TORT Law

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

It is the balance of probabilities.

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.

<p>The person who makes a civil claim.</p> Signup and view all the answers

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

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

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

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

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

<p>A failure to act or to do something.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

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

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

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

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

<p>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.</p> Signup and view all the answers

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

<p>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.</p> Signup and view all the answers

<p>Defamation-both libel and slander breach of confidence</p> Signup and view all the answers

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

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

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

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