Rules Of Tort Law Flashcards
What is a tort?
A tort is a civil wrong and tort law compensates a person who has been injured or whose property is damaged.
What’s a claimant?
The person who has suffered loss or damage and is making a claim for compensation
What does liable mean?
The judge’s decision that the D is liable and should pay compensation.
What happens if the claimant is successful?
They will ask the court to award a remedy. This is how the court will satisfy a claim when injury or damage has been suffered and proved. The remedy will usually be damages or occasionally an injunction.
What are damages and injunctions?
Damages are the payment of money as compensation to the claimant.
An injunction is a court order to stop doing something. Not following an injunction can lead to further sanctions such as imprisonment.
What’s the standard of proof in civil cases?
On the balance of probabilities
What do many civil torts need the claimant to prove?
That the D is at fault. This includes negligence and occupiers liability
