Litigation and Claims Flashcards
What is litigation?
Involves a civil action brought before the court
When do you have the right to sue?
When your contractual or tort rights have been violated
Tortuously liable examples
Liable to a third party eg: Personal injury, environmental, employee liability, product liability.
Why do insurers settle claims (4)
Unexpected payouts
Expensive to fight
Don’t want to create precedent
Public image
What is the premise of tort law?
An individual has the right not to suffer an injury as a consequence of another action. It can be physical, economic, psychological or reputational
What is the goal of a tort law suit?
Compensate you as well as money can to put you back in the same position as you were as if the event never happened
Why is the tort system good?
Victims are compensated, offenders and held accountable
Precedent
A decision that has been made in the past that is used to set the standard for future cases
What is president an application/interpretation of?
A statute
How can a precedent be overturned?
by the high court or court of appeal
What can a plaintiff do if they are successful in court (3)?
- Enforce contract
- Get an injunction
- Awarded compensation
What is a mandatory injunction?
Force somebody to do something / complete contract
Prohibitory injunction
Prevents somebody from doing something
Super prohibitory injunction
Prevents anybody from talking about the case and you cant report about the case
What types of damages can you get and for what?
Special damages: lost income or bills
General damages: Pain and suffering
