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11 Cards in this Set
- Front
- Back
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What is a tort ? |
A tort is any wrong act committed whether on purpose or accidentally |
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What are the remedies available under tort law ? |
Damages, Injunction and abatement |
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What is the usual remedy under Tort |
Monetary Damages |
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What are three the areas of law that fall under Tort ? |
Negligence, Trespass to person ( assault & battery, false imprisonment, malicious prosecution) Nusiance, Liability ( animal, vicarious, occupiers , employer's) Defamation |
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What does the Latin phrase " Damnum Sine Injuria" mean in English |
Damage without legal injury |
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Explain what is meant by the phrase "Damnum Sine Injuria" |
It is a basic principle that damage is not actionable in tort unless such damage amounts toblegal injury. Thus, if the defendant’s act is in itself lawful, he cannot besued in tort, however much damage the plaintiff may have suffered as aresult of it. |
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What does the Latin phrase " Injuria Sine Damna" mean in English |
Legal damage without damage |
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What is meant by the phrase "Injuria Sine Damna" |
There are some torts where actual damage need not be proved and it is sufficient to show an infringement of the plaintiff’s legal rights (that is, legal injury). Torts which are actionable without proof of damage are known as ‘torts actionable per se’: examples are trespass, which is actionable although no harm at all is caused to the land, person or chattel, as the case may be, and libel (that is, defamation in written form), which is also actionable although no actual damage is proved. |
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The finding of a causal link is an essential ingredient in all forms of tort liability. With the exception of torts actionable without proof of damage. Causation can be analyzed in two stages. What are they ? |
1. Factual Causation (but for principle) 2.Proximity/remoteness/foreseeable/direct cause |
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In tort, strict liability can be imposed in a number of circumstances. List 2 of these circumstances. |
1.Liability for animals straying unto someone's property 2.Liability for defective products under the Consumer Protection Act 3.Liability for Dangerous Animals 4. Liability under the rule in Ryland V Fletcher subject to defences exceptions |
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What are 4 objectives of tort law ? |
1.Compensation: Provides a means to compensate victims of injury and loss by assessing and awarding damages. 2. Protects interests: Protects a person’s interest in land and other property. 3. Deterrence: Encourage persons to be careful in the conduct of their activities and to be mindful of other persons and their property. There is growth in business such as insurance, in an effort to manage risks. Insurance companies reduce premium as an incentive when there are fewer accident claims. 4. Retribution: Element of retribution where the claimant seemingly gets the satisfaction of bringing action against the defendants for the wrongful act. A significant number of cases are settled, especially where there is insurance coverage to assist the defendant in settling his liability. 5. Vindication: Public vindication of the innocence of the party who is not at fault or not liable for any wrongful act. 6. Loss distribution: Tort treated as a vehicle for distributing losses between the parties. Criticism of the systems as some feel that attorneys-at-law get too much from the award or settlement. 7. Punishment of wrongful act/or moral justification: Punishment is usually associated with the criminal law but there is some satisfaction in ensuring that the wrongdoer pay the victim
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