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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

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

What is the most important tort

Negligence

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)

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

What is a breach of duty

Doing what a reasonable man would not have done

What will the defandant be liable for?

Damage that is not too remote

What does novus actus interveniens mean?

New intervening cause

What will the defendant not be liable for

A new intervening cause (chain of causation is broken)

What will not be allowed in courts?

Claims for pure economic losses not accompanied by damage to the claimant or their property

What else will a person who suffers bodily harm be able to cliam

Damages for any psychiatric injury that accompanies it

What forms can nuisance take

Public and private

What is vicarious liability?

A person is held liable for the wrongs of another

What forms can defamation take?

Libel and slander

What do general defences include

Self defence, necessity, statutory authority, act of God, consent and volenti and contributory negligence

How long does a person have to bring the case to court for injury and other cases

3 for injury and 6 for others

What are the main remedies in tort

Damages and injunctions