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.

The person who makes a civil claim.

The person who is accused of committing a tort.

is financial losses suffered as a result of physical damage.

A legal duty imposed on a person to take reasonable care in all circumstances to avoid causing harm to another person.

A persons legal responsibility for their act or ommissions?

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

A failure to act or to do something.

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.

Financial losses that are not sustained as a consequence of damage to the claimant or claimant's property.

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.

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.

A person who suffers psychiatric harm as a result of seeing or hearing about something that has happened to someone else.

A Tort is a civil wrong, an act or an ommison that leads to injury or damage to another person or property.

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.

Personal integrity, reputation, use of land, privacy, damage to property, and financial loss ( both pure and consequential)

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.

Defamation-both libel and slander breach of confidence

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

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

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

Negligence, Product Liability, Defamation- both libel and slander, Nuisance- Both public and Private.