law of tort

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What is tort?
-the word ‘tort’ comes from Norman French and means ‘wrong’
-it is a body of law mostly found in the Common Law rather than statute law
-it involves ‘civil wrongs’
-some examples of torts include trespass, nuisance and negligence
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what is a Tortfeasor?
-a person who commits a tort is referred to as a ‘tortfeasor’
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Can trespassers be prosecuted?
-’prosecution’ is criminal law
-’trespass’ is civil law
(note that there is a crime of ‘aggravated trespass’ under the ‘criminal justice and public order act 1994 s.69’)
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what are the Origins of the law of tort?
-prior to the Norman invasion, Anglo-Saxon law dominated in much of England
-Anglo-Saxon law usually required the payment of money to the victim for civil (and criminal) wrongs committed
-Anglo-Saxon legal principles heavily influenced the growing common
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what are the Origins of the law of tort in
Wales?
-wales originally had its own legal system. However the laws in the Wales Act 1535 and 1542 introduced English civil law to wales
-this means that the developing system of tort in England also applied to Wales
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what is The purpose of the law of tort?
-Tort focuses on compensation of individuals in situations where their private individual interests have been infringed
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How might your private interests be infringed?
When you drive your car?
Another car drives into the back of your car at the traffic lights

When you are sleeping at night in bed?
A neighbour might play loud music that keeps you awake
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what are the Various torts
-private nuisance
-defamation
-false imprisonment
-trespass to land
-trespass to the person
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what is a 'private nuisance'
an interference with a person's enjoyment and use of his/her land without lawful justification.
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what is 'defamation'?
a false statement that ridicules a person in the eyes of right thinking members of society.
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what is 'false imprisonment'?
depriving a person of freedom of movement without lawful justification (this tort is regarded as a type of trespass to the person).
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what is 'trespass to land'?
entering the land of another without lawful excuse.
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what is 'trespass to the person'?
a direct and intentional act of assault, battery or false imprisonment.
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what is fault liability?
Fault liability - refers to situations where a person will only be held liable if they were at fault. In most torts, faults must be shown for the defendant to be held liable
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what is strict liability?
Strict liability - refers to a situation where a person will be held liable even if they were not at fault
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what is corrective justice?
-corrective justice is sometimes known as restorative justice
-means putting a person back in a position he/she was in
-might be through the payment of damages or even the issuing of an apology
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what is retributive justice?
-retributive justice is based on punishment
-it aims to prevent wrongdoing
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example scenario:
-I was riding my bike when this very fast car came speeding around the corner, mounted the pavement and hit me. My bike was destroyed, I suffered a broken leg and have been off work for a couple of weeks now.
-I have heard the driver is
liable or not?
-Under the tort of negligence, the driver of the car owes other road users a duty of care. These other road users are his/her neighbours in law. He/she has breached this duty of care.
-The driver also owes my mother a duty of care as it is
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what is a Tortfeasor?

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-a person who commits a tort is referred to as a ‘tortfeasor’

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Can trespassers be prosecuted?

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what are the Origins of the law of tort?

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what are the Origins of the law of tort in
Wales?

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