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Flashcards

TORT LAW 1

Onzia Lucas TORT LAW 2 English 13 cards

Ratio - Beside the risk intentionally taken by the victim in climbing a mountain, the hired guide owed a duty of care to…

Cards in this deck (13)

  1. 1DEFINITION OF TORT LAW'Tortious liability arises from the breach of a duty primarily fixed by the law: such duty is towards persons generally and its breach is redressable by an action for > unliquidated damages.'
    - Percy H Winfield
    The Province of the Law of Tort
  2. 2CONCEPT OF TORT LAWThe main idea behind this body of law is that it is wrongful to cause harm to another individual in the absence of any particular justification accepted by the law.
  3. 3TORT & OTHER AREAS OF LAWTort covers a wide range of civil wrongs based on the idea that a person should not unreasonably interfere in the life of others. Tort awards compensation to those who suffer from undesired wrongs by someone that owes them a duty of care legally recognised.
  4. 4TORT/CRIMINALTort law is private & involves a relationship between individuals with the purpose of providing compensation in the light of harm. Criminal law is public and based on the relationship between individual verses State. Its aim is to punish those who commit wrongs in the eyes of the state. Police won't investigate private torts.
  5. 5TORT/CONTRACTCriminal law is public and based on the relationship between individual verses state. Its aim is to punish those who commit wrong in the eyes of the state
  6. 6TORT/LANDTort relates to the way individuals use land rather than properties themselves.
  7. 7PURPOSESAs Glanville Williams points out in 'The Aims of the Law of Tort' (1951) 4 Current Legal Problems 137, it encompasses the following purposes:
    Appeasement. Justice.
    Deterrence. Compensation.
  8. 8Woodroffe-Hedley v Cuthbertson (Unreported, 20 June 1997) This case is often used as an example in Tort law textbooks.It shows the concept of "compensation culture" that is the purpose behind all tort claims.
    It's the first case of negligence followed by a fatal accident in mountain climbing.
    Explanation of the concept of duty of care that may be breached by the negligence of the Defendant causing a fatal accident.    Woodroffe-Hedley v Cuthbertson (Unreported, 20 June 1997) This case is often used as an example in Tort law textbooks.
  9. 9Ratio - Beside the risk intentionally taken by the victim in climbing a mountain, the hired guide owed a duty of care to the Claimant's father.Application - The Defendant broke the duty of care owed to Mr Hedley in not following the good practice required by an experienced climber. He should've used 2 screws, not 1.
    The claimant was awarded £150k in damages. (This was reversed by the professional standards committee and found not liable).    Ratio - Beside the risk intentionally taken by the victim in climbing a mountain, the hired guide owed a duty of care to the Claimant's f...
  10. 10HUMAN RIGHTS ACT 1998 'It is unlawful for a public authority to act in a way which is incompatible with a Convention right.' - S.6, HRAAccording to this provision, courts have to sentence in accordance to the Act (therefore in respect of individual's human rights stated within).
    E.g. S.8, Right to privacy. Prior to the HRA, there was no cause of action for a person claiming respect of his privacy. Now, invasion of privacy is an actionable wrong.
  11. 11Tomlinson v Congelton Borough Council [2004] 1 AC 46General principle: Tort encompasses important elements: individual liberty, personal responsibility and 'compensation culture'Tomlinson v Congelton Borough Council [2004] 1 AC 46
  12. 12Ratio: 'Does the law require that all trees be cut down because some youths may climb them? The answer is no' - Lord HobhouseRatio: Where the Claimant undertakes a prohibited activity he will carry its risks.
    Application: The Claimant voluntarily chose to dive in the lake. The local authority cannot prohibit a person in dealing with his own freedom. There was no duty of care between the parties. The Defendant was held not liable.    Ratio: 'Does the law require that all trees be cut down because some youths may climb them? The answer is no' - Lord Hobhouse
  13. 13SUMMARY - No clear definition of a tort. - General principle: description of what is tort, what the aims of tort law are (don't harm someone). - Differences among tort and other areas of law explained. - Relationship of tort and HRA explained.- General principle: there are different torts, each with different rules/principles relating to liability. Negligence is the main one, but other torts can arise (circumstantial).
    - Role of damages: usually compensatory, a big area of law in insurance.
    - Overall, tort law regulates individual liberty, personal responsibility & 'CC'.

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2 TORT LAW Flashcards on TORT LAW 1, created by Onzia Lucas on 25/09/2019.
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Onzia Lucas
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