275455
| 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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