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17 Cards in this Set
- Front
- Back
What is the general purpose of tort law? |
Protect people's rights by allowing them to sue if in treats are invaded, threatened of harmed |
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What intrests does tort protect? |
Defamation (libel/slander) protects a person's intrests in their reputation Trespass to the person (deliberate physical harm) Private nuisance and trespass to land protects a person's intrests in the land they occupy Breach of copyright or patents protects intellectual property |
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What is the most important tort |
Negligence |
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What is negligence |
Failure to take care in circumstances where the law demands (giving rise to a claim for damages by the person who suffers harm as a result) |
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How will action for negligence succeed? |
Claimant must show that date of care is owed to them by the defendant, the defendant breached that duty and the claimant suffered damage as a result |
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What is a breach of duty |
Doing what a reasonable man would not have done |
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What will the defandant be liable for? |
Damage that is not too remote |
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What does novus actus interveniens mean? |
New intervening cause |
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What will the defendant not be liable for |
A new intervening cause (chain of causation is broken) |
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What will not be allowed in courts? |
Claims for pure economic losses not accompanied by damage to the claimant or their property |
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What else will a person who suffers bodily harm be able to cliam |
Damages for any psychiatric injury that accompanies it |
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What forms can nuisance take |
Public and private |
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What is vicarious liability? |
A person is held liable for the wrongs of another |
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What forms can defamation take? |
Libel and slander |
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What do general defences include |
Self defence, necessity, statutory authority, act of God, consent and volenti and contributory negligence |
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How long does a person have to bring the case to court for injury and other cases |
3 for injury and 6 for others |
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What are the main remedies in tort |
Damages and injunctions |