General principles Flashcards
(15 cards)
Protected interests in all Torts
Bodily integrity
Property
Economic loss
Mental Element
Must stem from Malice, Intention or negligence, strict liability
Malice
Intentional wrongful act without proper excuse
and
Acting with some collateral or improper motive
Intention - consequence
What was the persons intent - if you intended the act liability can attach even if you did not intend the consequence.
What is the “objective standard” in Negligence?
Objective standard is reasonable person test no account taken for individual circumstances/disabilities
Strict Liability Torts
Nuisance
Ryland and Fletcher
Deformation
What are the Objectives of Tort- deterrence
Deterrence (Individual/General or Market) and compensation
Compensation
Compensation Act 2006
Tort and Crime Civil Evidence Act 1968
If someone is found guilty of a criminal act - Likely to be found liable in civil act
Tort and Contract remedies designed to
Contract - back in position if statement was true
Tort back in position if incident did not happen
Sovereign Immunity Crown Proceedings Act 1947
No proceedings can be taken against sovereign in person but the crown as an entity can be
Crown proceedings (Armed forces) Act 1987
one member can take action against another member of the armed forces
State Immunity Act 1978 + Diplomatic immunity
Foreign Sovereigns/diplomats can not be sued in the English courts unless immunity has been waived
Minors
Cannot sue by themselves must have a litigation friend
Can be sued - Parents not Liable for actions of children
Joint and Several Liability
Claimant can issue action against any and all persons responsible but can only receive one set of damages - split can be decided by the court or the party who pays will need to seek contribution from the other parties
