Rules and Theory

Question 1

Tort Definition

Answer 1

A Tort is a civil wrong (other than a breach of contract) that causes harm or loss to an individual, for which the law provides a remedy, usually damages (compensation).

Question 2

The types of tort

Answer 2

Negligence, Tort, Nuisance, Rylands & Fletcher, Occupiers liability

Question 3

Aims of Tort

Answer 3

• Stopping harmful conduct
• Providing damages by way of compensation
• Protecting those who suffer from actions or omissions of others

Question 4

Define Negligence

Answer 4

When someone fails to take reasonable care, causing harm or loss to another.

Question 5

Define Nuisance

Answer 5

When someone’s actions interfere with another person’s use or enjoyment of their land.

Question 6

Define Rylands v Fletcher

Answer 6

A case that established liability when a person brings something dangerous onto their land and it escapes, causing damage.

Question 7

Define Occupiers’ liability

Answer 7

The legal responsibility of those who control land or buildings to keep visitors reasonably safe.

Question 8

Who is the Claimant

Answer 8

Person who brings the claim: this person feels they have been wronged and is claiming damages by way of redress.

Question 9

Who is the Defendant (civil)

Answer 9

A person who is the alleged wrongdoer

Question 10

What is the standard of proof in civil cases

Answer 10

‘on the balance of probabilities.’ This means that it is more likely than not that the claimant is telling the truth.

Question 11

When is liability based on fault

Answer 11

Fault is required in Negligence and occupiers liability

Question 12

What are the two types of remedies for successful action

Answer 12

• Compensatory damages
• Special damages, things that can be precisely calculated
• General damages, based on estimates and expert views
• Injunctions, instruct D to do something e.g. stop committing the nuisance or do something

Question 13

What Interests are protected by law of tort

Answer 13

• Harm to the person
• Harm to property
• Enjoyment of property
• Harm to the due process of law