Law of Tort
- Created by: ShonaEllaway
- Created on: 15-02-18 09:25
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- Law of Tort
- Tort is creating compensation culture.
- It creates an incentive for persons to avoid committing acts or omissions that might hurt others .
- There are various torts, such as private nuisance, defamation, false imprisonment, trespass to land and trespass to the person, as well as negligence.
- Retributive justice is punishment
- Corrective is restorative justice
- Strict Liability - refers to situation where a person will be held liable even if they were not at fault
- Failt Liability - refers to situations where a person will be only held liable if they were at fault.
- The concept of 'civil wrongs' was referred to by various names. At the end of the sixteenth century, the term tort began to be increasingly used.
- Prior to the Norman invasion, Anglo-Saxon law dominated in much of England. Anglo-Saxon legal principles heavily influenced the growing common law that was developing after the Norman invasion in 1066
- A person who commits a tort is referred to as a 'tortfeasor'
- Some examples of torts include trespass, nuisance and negligence.
- The standard of proof is on the balance of probabilities and CIVIL courts would be used.
- Primarily designed to settle disputes not to punish wrongdoing
- Civil law is concerned with settling disputes between ndividuals , including businesses.
- The purpose of the law of tort is to provide remedies when one person has been affected by anothers acts.
- Usual types for remedies include compensation, possibly injunction
- It is a body of law mostly found in nthe common law rather than statute law.
- The word 'tort' comes from Norman French and means civil 'wrong'.
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