Law of tort Flashcards
(18 cards)
What is the purpose of tort law?
To compensate victims for harm caused by wrongful acts.
Is tort law criminal or civil?
Civil—it focuses on remedies, not prosecution.
Name four common types of torts.
Negligence, defamation, trespass, nuisance.
What is a “duty of care”?
A legal obligation to avoid causing foreseeable harm to others.
What case established the duty of care principle?
Donoghue v Stevenson (1932).
What are the four elements needed to prove negligence?
Duty of care
Breach of duty
Causation
Damages
What is negligence liability?
Liability based on failure to exercise reasonable care.
What is strict liability?
Liability without proof of fault, often for hazardous activities.
Give an example of strict liability.
Owning a dangerous animal that causes harm.
What defines a landlord-tenant relationship?
A legal arrangement where a tenant occupies property in exchange for rent.
What governs this relationship?
Contracts and statutory protections.
What are the three main types of leases?
Fixed-term lease
Periodic tenancy
Tenancy at will
Name three key landlord responsibilities.
Maintain safe, habitable conditions
Repair structural issues
Ensure “quiet enjoyment” of the property
Name four tenant responsibilities.
Pay rent on time
Maintain the property
Avoid disturbing neighbors
Report damages
List four grounds for tenant eviction.
Non-payment of rent
Property damage
Breach of lease
Illegal activities
What steps must be followed for legal eviction?
Provide notice
Possible court proceedings
What can landlords claim compensation for?
Unpaid rent
Damage
Lease violations
What can tenants claim compensation for?
Illegal eviction
Poor maintenance
Harassment