tort law Flashcards
what is tort law?
tort law is a branch of civil law
Tort means wrong in French. A tort is when somebody has suffered a civil wrong, either loss, injury or damage to property. This is usually remedied with compensation
and in this the action is taken between the person or persons involved in the claim. and unlike criminal law the state is not involved.
remedies to a successful claimant can either mean damages or a form of injunction is a court order to stop doing something, e.g having loud parties late at night.
explain the case of d..v…s (the best case to explain tort law)
Mrs Donough went to a cafe with her friend who bought her beer and an ice cream float. after drinking some of the beer Donoghue found a dead decomposing snail in it which could not be seen before due to the beer glass bottle being dark. Because of the impurities in the drink she suffered both physical and mental injuries
she sued the manufacturer in negligence claiming that they were at fault in the manufacturing process and that they were at fault in the manufacturing. in the house of lords Atkin said “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would likely to injure your neighbour”
what is the court procedure in a civil trail
claimant prepares his claim-provides evidence to show his case. Makes clear the amount of damages he is seeking.
The judge will decide which track to pursue the case, the liability, damages and if the winning party is entitled to have his legal costs paid by the loosing party.
Appeals can be launched against either liability or the amount of damages
Burden of proof is on the claimant.
The standard of proof based on the balance of probabilities will be how the judge makes his decision.
There aren’t many defences, although ‘consent’ is one in which the defendant can claim that the claimant caused his own injury.
what are the two types of damages
Special damages,these cover claims that can be speciifically calculated. These will cover the period up tp the trial.
General damages,cover the period after the trial where the client has suffered a long term injury and may not be bale to work or will have medical costs
what does the claimant need to provide with a tort
claimant needs to provide sufficient evidence to prove that there has been a fault or breach of duty on the part of the defendant
they also need to provide a sufficient standard of proof to convince the judge that he is entitled to his claim
explain torts that do not require fault to be proved
these are strict liability actions. These include nuiances and rylands v fletcher action which is an action caused to land by material escaping from neighbouring land and vicarious liability, where an emploee commits a tort in the course of his employment.
in what situations is it morally correct to compensate a claimant
-if somebody is driving without due care and injures somebody or causes damage
-If somebody is driving without due care and injures somebody or causes damages
-If a client loses out owing to bad professional advice.
If doctors provide poor care to their patients, they and the hospitals should take responsibility
what are the different cncepts of justice
in tort justice is provided through remedies like damages- to put the claimant back in the position he would have been before the accidents as far as money can salvage it
