Law of Tort

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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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