Chapter 2 Flashcards
(19 cards)
Tort
a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act
Difference between criminal and tort law
criminal law aims to punish individuals and tort law aims to compensate individuals who suffer harm through actions of others
who brings the legal action in tort law
The victim (claimant)
Breach of contract
Under an insurance contract, the insured has a duty to
pay the premium and the insurers have a duty to pay
claims. These are not general duties but duties which arise
voluntarily by agreement.
Remedy of Damages
Financial compensation - to put the claimant in the position they would have been in if the tort hadn’t occured
Unliquidated
the damages are not fixed in advance but decided by the court
Defamation (libel and slander)
Protects a persons reputation
trespass to the person
Protects a person against deliberate physical harm
Private nuisance and trespass to land
protects a persons interest in the land they occupy
Breach of copyright or patent design
Protects a persons interest in intellectual property
Injury or damages required?
Not always if this is not needed to prove the tort (easier to prove)
Intentional torts
Intention on behalf of the defendant
Strict liabilites
Still liable even if not on purpose
Tresspass
- there is no liability unless the injury is direct
- there is no liability in trespass for any purely accidental injury
- claimant does not have to prove they have suffered any loss or damage to succeed
Trespass to the person
- assault, battery and false imprisonment
Trespass to goods
where the defendant directly and intentionally interfers with goods. Taking goods from possession of another or meddling. I.e. scratching a car, letting down tyres.
Conversion
‘taking with the
intent of exercising over the chattel an ownership inconsistent
with the real owner’s right of possession
Trespass to land
Direct interference with land - must be intentional (ie. they knew). But still guilty if they enter as they intended to
