Tort Law I

Kane Paul
Flashcards by Kane Paul, updated more than 1 year ago
Kane Paul
Created by Kane Paul over 7 years ago
362
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Degree Law Study (Tort Law) Flashcards on Tort Law I, created by Kane Paul on 10/13/2013.

Resource summary

Question Answer
What is a tort? A tort is a civil wrong which entitles someone who suffers loss or damage to claim damages or compensation for the loss and/or to restrain the wrongdoer from continuing doing wrong
Types of tort Negligance Nuisance Trespass Defamation - all evolved from common law
Liability Victim = potential plaintiff person responsible of tort = tortfeasor multiple tortfeasor = joint tortfeasor
Vicarious Liability Vicarious: done or suffered by one person on behalf of another e.g. Corporate body suffers on behalf of an employee
Remedies both common law and equity provide remedies in the way of damages. Defendant pays compensation. May grant court order to restrain defendant from harmful activity
Money Damages Contemptuous Nominal Substantial Aggravated Exemplary
Defendants liability Only liabile for the amount that the extent of harm caused by him was foreseeable. Not liable for all the losses that may be linked to the tortious act.
Injunctions - Discretionary equitable remedy Prohibatory Mandatory Interim or Provisional Perpetual
Other Remedies Abatement of a nuisance Recovery of goods Ejecting trespassers or trespassing goods Re-entry onto land
Limitations Act Limitations Act 1950/2010: actions for damages will normally remain actionable for 6 years
Requirements for Tort (a) A duty of care is owed (b) Breach of the duty of care (c) loss caused by the breach
Breach of a duty of care 2 stage test: (1) establish what a reasonable person would do in the circumstance of the case (2) measure the defendant's conduct against the standard of the reasonable person
loss caused by the breach Causation: whether the loss was caused by the conduct is often judged by applying the 'but for' test Remoteness: whether the loss was a foreseeable consequence of the wrongdoing
The 'but for' test - X is a cause of Y if Y would not have occurred but for X - X is not a cause if Y would have occurred anyway, irrespective of X
Defences Inevitable accident Acts of God Volenti non fit injuria Statutory authority Personal injury claims barred by ACC
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