Flashcards
Tort
Cards in this deck (32)
- 1Trespass to goodsInterfering with the claimant's possession of goods which does not cause the claimant any actual loss, temporarily immobilising the claimant's goods
- 2ConversionTransferring the claimant's goods to a third party without authority
- 3Hiding the claimant's goods and then taking possession of themBoth trespass to goods and conversion
- 4Interfering with the claimant's goods based on the mistaken belief that the defendant owned the goodsEither trespass to goods or conversion
- 5The relationship between teachers and pupils, doctors & patients give rise to what type of duty of care?Established duty of care
- 6What are the factors for establishing a duty of care in novel duty situations?1) Foreseeability
2) Proximity
3) Fair, just and reasonable - 7What are the factors for determining magnitude of the risk in a breach of duty analysis?Gravity of the harm, likelihood of injury
- 8When claimant's damage is caused by one of two alternative causes, what test is used to establish causation-in-fact?'But for' test
- 9In what type of case is contribution most likely to be available to a defendant who pays more than their share of damages?Indivisible Injury case
- 10To recover for pure psychiatric harm, what factors a secondary victim needs to establish?1) medically recognised condition
2) sudden shock
3) close ties with the person endangered by the defendant's negligence
4) The psychiatric harm was foreseeable - 11Pecuniary lossFinancial losses suffered by the claimant as a result of injury caused by defendant
- 12Non-pecuniary lossLosses associated with injury itself, such as damages for pain and suffering from claimant's injury
- 13What is the difference between Occupier's liability act 1957 and 1984?1957 deals with lawful visitor whereas 1984 deals with any trespasser and non-visitor
- 14What types of damage CANNOT be recovered under Consumer Protection Act 1987?Damage to Business property, property damage that does not exceed £275, damage to the defective product itself
- 15What is the requirement of thr rule in Rylands vs Fletcher?The defendant was engaged in a non-natural use of land. The damage caused must have been reasonably foreseeable. Personal Injury damage is not recoverable q
- 16What are the requirements for Negligence action?1) duty of care is owed
2) there has been a breach of duty
3) Breach caused damage - 17What are the conditions to establish a special relationship to arise?1) advice is required for a purpose made known to the defendant
2) defendant knows that the advice will be communicated to the claimant and will be relied on
3) claimant must have relied on the information
4) it must have been reasonable for the claimant to do so. - 18What is the requirement for successful claim in false imprisonment?Defendant's actions in confining the claimant must be intentional.
- 19Novel duty situationsNo previous case law to determine the duty of care. 3 criteria must be met:
1) Foreseeability
2) Proximity
3) Fair, just and reasonable - 20How will the court assess whether defendant's conduct fell below a reasonable standard of care?1) magnitude of the risk
2) practicability of taking precautions to avoid that risk - 21What are the requirements for res ipsa loquitor?1) absence of any explanation of how the in incident occurred
2) accident caused under defendant's control
3) such accident would not normally happen if proper care had been taken - 22What are the 3 stages of establishing causation of damage?1) causation in fact (claimant must prove 'but for' the defendant's breach of duty, claimant would not have suffered the loss)
2) no new intervening acts
3) damage not too remote (loss suffered by the claimant must be a reasonably foreseeable consequence of the defendant's breach of duty) - 23Which situations can be classed as pure economic loss?1) Damage to property which does not belong to claimant
2) cost of damage suffered by a defective product which is acquired by the claimant
3) Financial loss which does not flow from damage to the claimant's person or property - 24Tort of nuisanceNuisance requires unlawful interference with the claimant's use of land. An interference is unlawful when it is substantial and unreasonable
- 25What is the requirement to claim Loss of dependency damage?If the claimant was a dependent of the deceased and was financially dependent on the deceased.
- 26Who can claim bereavement damages?1) deceased's spouse
2) civil partners
3) cohabitants of more than 2 years
4) deceased's parents if the deceased was under 18 - 27What is the effect of contributory negligence?All the damages claimed will be reduced
- 28Who can claim damages for loss of dependency?- must be eligible Dependant (spouse, civil partner, cohabitants living with deceased more than 2 years, parents)
- they must be financially Dependant - 29When is duty of care owed?Where the defendant is a private individual who has committed a positive act resulting in foreseeable physical harm.
- 30When is an employer liable for the torts of its independent contractor?1) tort was committed as a result of an activity undertaken by the tortfeasor on behalf of the defendant
2) tortfeasor's activity was part of the business activity of the defendant
3) by engaging the tortfeasor to carry on the activity, the defendant created the risk of tort. - 31Difference between Special damages & General damagesSpecial damages: damages that can be precisely calculated at the time of trial. E.g. past loss of wages
General damages: damages that need to be assessed by the court. E.g. pain, suffering & loss of amenity - 32What are the conditions of owing duty under 1984 Act?- occupier is aware of the danger
- occupier is aware that the trespasser may come into the vicinity of the danger
- the danger is one against which is reasonable to expect the occupier to offer protection
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- Description
- SQE 1P Tort Flashcards on Tort, created by Nazneen Iqbal on 18/08/2022.
- Created by
- Nazneen Iqbal · Aug 2022
- Updated
- Jan 15, 2023
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