Torts Overview

Question 1

Torts

Answer 1

Civil wrongs for which law provides a remedy

Question 2

The law of obligations

Answer 2

Part of civil law as opposed to criminal law. Includes Tort, Contract, law of restitution and the law of trusts.

Question 3

Tort and property law relationship

Answer 3

Tort protects real property through the law of trespass. Property law defines who owns what land, and tort law protects the rights of the owner against unwanted intruders.

Question 4

Claimant

Answer 4

Previously plaintiff. This is the wronged party or victim of a situation who brings a civil action

Question 5

Tortfeasor

Answer 5

The alledged wrongdoer who committed a tort, not always a party to an action e.g. in vicarious liability.

Question 6

Peter Cane argument

Answer 6

• tort law has an ethical nature, based on responsibility.
• against the use of legal formulae, arguing the correlative relationship of the parties should be taken into account rather than just applying rules and principles
• legal concepts shouldn’t be mapped out in too restrictive of a way; and the field of tort is a dynamic and changing one

Question 7

Tort and the HRA

Answer 7

• HRA made violations of applicable rights by a public authority actionable in domestic courts
• made it possible to pursue public authorities e.g. chief constable or local education authority.