Paper 2.7a - Intro to Tort (No AO1) Flashcards
(16 cards)
What is tort law and what is its aim?
Tort law is when a person wrongs another; its aim is to compensate reasonable claimants.
What is the aim of compenatory damages?
To put C into the same position they were before the tort occurred.
What act dictates how damages are governed?
The Damages Act 1996.
What are the main three forms of damages?
Pecuniary / Non-pecuniary.
Special / General.
Lump sum / Structured settlement.
What is the aim of compensatory damages?
To put C into the position they were before the tort occurred.
What are pecuniary and non-pecuniary damages? Give an example of each.
Pecuniary: loss of money from tort eg lost wages.
Non-pecuniary: emotional suffering eg loss of enjoyment.
What are special and general damages? Give an example of each.
Special: damages given preceding the trial date eg loss of earnings.
General; damages calculated for after the trial date eg future loss of earnings.
What is a lump sum and what is a structured settlement?
Lump sum: damages are received at once after trial.
Structured settlement: paid in regular intervals.
What is an injunction in terms of damages?
A court order to stop behaviour.
What is mitigation of loss in terms of damages?
C must show they are attempting to live a normal life (eg go to hospital appointments) to claim full damages.
What are the two defences to negligence claims?
Contributory negligence.
Consent (Volenti).
What is contributory negligence, what happens when it is successful and what act governs it?
A partial defence from negligence claims; argues that C is partially responsible for their damage. Judge will deduct a percentage off of D’s damages. Governed by the The Law Reform (Contributory Negligence) Act 1945.
What is the case example of contributory negligence?
Froom (1976)
C wasn’t wearing a seatbelt and D crashed their car. Contributory negligence made C’s damages were reduced by 25%.
What is consent (volenti) and what happens when it is successful?
Consent is a full defence from negligence that argues that C accepted the risk of injury or damage; full defence means that D is not liable.
What is the case example for consent (volenti)?
Morris (1991)
C & d go on an airplane ride while drunk. C willingly got on the plane. D crashed the plane. C sued D’s relatives but D was not liable due to consent.
What are three evaluation points for damages?
Cost - If C loses they lose legal fees and may be crippled.
Delays - C might not receive sufficient funds to make it to trial date.
Remedies - Non-pecuniary damages are difficult to calculate.
