Ch 1 Introduction to Tort Law

Question 1

Liability

Answer 1

wrongful behaviour

Question 2

Plaintiff

Answer 2

person who is doing to the suing

Question 3

Defendant

Answer 3

the alleged wrongdoer

Question 4

What does Tort Law deal with?

Answer 4

wrong the can occur
It is the law of private civil wrongs
Torts - Latin tortum meaning “crooked or wrong”

Question 5

How do you identify the wrongs?

Answer 5

By identifying the constitute elements of each of the torts
NOTE: If any of the elements are missing in the case the plaintiff fails

Question 6

Tort examines whether behaviour has fallen below an appropriate standard. What are the three different standards?

Answer 6

Fault Liability - did the defendant fail to the reasonable care?
Strict Liability - the fact that the defendant may have taken reasonable care is irrelevant
e.g., Vicarious Liability - third part can sue the employer of the employee
Intention - deliberately done
e.g., trespass to the person

Question 7

What are the functions of Tort Law?

Answer 7

Compensation - Putting plaintiff in position he was in before the tort was committed
Vindication - Recognises the protection of certain right
Deterrence - Awards of compensation will deter future bad behaviour - people argue that insurance has greatly diluted this function of Tort

Question 8

What are the purposes of damages in Tort?

Answer 8

To put the plaintiff back into the position they were in before the Tort was committed - Backward looking

Question 9

What is the standard of proof in Torts?

Answer 9

balance of probabilities

Question 10

The liability in Tort is determined by what?

Answer 10

The rules of the Tort

Question 11

The obligations in tort are

Answer 11

‘involuntarily’ assumed, social contract living in society

Question 12

Tort Law is administered in

Answer 12

Civil Jurisdiction

Question 13

Tort Law is concerned with

Answer 13

the horizontal relationship between private parties