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Flashcards in Intro to Tort Deck (12)
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1
Q

What is tort law concerned with?

A

With obligations existing between individuals, meaning it is part of private law

2
Q

What type of obligations do we owe in our daily life and what obligations are imposed onto us by law to reverse the consequences of our possible breach?

A
  • primary obligations

- law may impose secondary obligations

3
Q

What are two examples of secondary obligations in which the law may impose onto us to reverse the consequences of the breach?

A
  • restitution

- compensation

4
Q

In tort law, there is no general principle regarding what?

A

regarding whether particular conduct will or will not give rise to liability

5
Q

What is the act which applies when a court, in considering whether a person was negligent or in breach of a statutory duty, dermines the steps that the person was required to take to meet a standard of care?

A

Social Action, Responsibility and Heroism Act 2015

6
Q

When does the Social Action, Responsibility and Heroism Act 2015 apply?

A

When a court, in considering whether a person was negligent or in breach of a statutory duty, determines the steps that the person was required to take to meet a standard of care

7
Q

What are the 4 disparate aims of tort?

A
  • To achieve a corrective justice
  • To provide compensation
  • To deter bad behaviour
  • To find out ‘what happened’
8
Q

Simply put, what is a tort and what does tort law seek to do?

A

A tort is a civil wrong committed by one person against another. Tort law seeks to place the claimant in the position that she or he would have occupied had the wrong not occurred.

9
Q

Tort is part of private law, though more specifically what part of law is it under?

A

the law of obligations

10
Q

decribe tort law in 3 words

A

Tort law is old, venerable and large in

11
Q

estimates vary however how many torts are there said to be?

A

around 80

12
Q

What is the most important tort in practise?

A

negligence