LAW P2 TORT ELS (Q9 Theory) Flashcards
(13 cards)
What is the first point for the tort Q9 theory para?
(In tort law)
In tort law, the concept of harm serves as a foundational justification for imposing liability. Unlike criminal law, tort law primarily seeks to provide compensation to victims rather than punish wrongdoers.
What is the second point for the tort Q9 theory para?
(Physical harm such as)
Physical harm, such as personal injury or property damage, is the most straightforward basis for a tortious claim.
What is the third point for the tort Q9 theory para?
(However tort law also)
However, tort law also recognizes psychological harm, as demonstrated in cases of psychiatric injury like Alcock v Chief Constable of South Yorkshire Police (1991).
What is the fourth point for the tort Q9 theory para?
(Autonomy and individual responsibility)
Autonomy and individual responsibility are also central to tort theory. The principle of corrective justice suggests that individuals who cause harm should make amends, often through financial compensation.
What is the fifth point for the tort Q9 theory para?
(However the imposition of liability)
However, the imposition of liability is generally contingent on fault. In negligence cases, the standard of care applied is that of the ‘reasonable person,’ as established in Blyth v Birmingham Waterworks Co (1856).
What is the sixth point for the tort Q9 theory para?
(Exceptions exist where strict liability)
Exceptions exist where strict liability is imposed, as in Rylands v Fletcher (1868), where liability arises despite the absence of fault if hazardous activities lead to harm. The principles of fairness, deterrence, and compensation are key to the formulation of tort law.
What is the seventh point for the tort Q9 theory para?
(Fairness ensures that defendants)
Fairness ensures that defendants are not unfairly burdened with liability, with courts often considering contributory negligence, as outlined in the Law Reform (Contributory Negligence) Act 1945.
What is the eigth point for the tort Q9 theory para?
(Deterrence aims to prevent)
Deterrence aims to prevent future harm by encouraging individuals and organizations to adopt safer practices. For example, the principle of duty of care established in Donoghue v Stevenson (1932) has had a significant influence on corporate accountability.
What is the ninth point for the tort Q9 theory para?
(Compensation remains the primary)
Compensation remains the primary objective in most tort claims. This principle is evident in the calculation of damages, where courts strive to restore claimants to their pre-incident position, as per the case of Livingstone v Rawyards Coal Co (1880).
What is the tenth point for the tort Q9 theory para?
(However tort law has faced criticism)
However, tort law has faced criticism for inconsistencies in damage awards, particularly in cases of non-pecuniary losses such as pain and suffering
What is the eleventh point for the tort Q9 theory para?
(Moreover tort law also addresses)
Moreover, tort law also addresses broader societal concerns through vicarious liability and public interest considerations. Employers may be held vicariously liable for the actions of employees under the principle established in Lister v Hesley Hall Ltd (2002).
What is the twelvthe point for the tort Q9 theory para?
(Overall tort law seeks to balance)
Overall, tort law seeks to balance the interests of claimants and defendants while upholding principles of justice, deterrence, and compensation. While it remains a dynamic area of law, ongoing debates about the scope of liability and the adequacy of damages continue to shape its evolution.
What are all 12 points for the tort Q9 theory para?
- In tort law
- Physical harm such as
- However tort law also recognises
- Autonamy and individual responsibility
- However the imposition of liability
- Exceptions exist where strict liability
- Fairness ensures that defendants
- Deterrence aims to prevent
- Compensation remains the primary objective
- However tort law has faced criticism
- Moreover tort law also addresses
- Overall tort law seeks to balance
