Rules and theory of law of tort tort

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  • Created by: lilyanne1
  • Created on: 28-09-22 16:15
What does the civil law of tort deal with?
Cases where one party has caused loss or damage to another
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What could the injury be in law of tort?
- personal injury
- minor or severe, involving life long care
- could also involve damage to property
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What does the claimant have to do in a civil tort claim?
- Prepare the claim and the initial evidence to show its valid
- suggest the amount of damages they intend to claim so it can go to the right court
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In a civil trial what does the judge sitting alone decide?
- The liability
- The amount of damages to be paid, or to order another remedy
- If the winning party is entitled to the payment of their legal costs
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What can the parties appeal against?
- against liability because judge might be wrong on the relevant law
- against the amount of damages awarded
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When is it worth suing a person or business?
When they have insurance - businesses and car road accidents
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Who is the burden of proof on in a civil case?
Claimant
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What in the name for standard of proof in civil cases and what does it mean?
The balance of probabilities - the claimants evidence is enough to suggest the law is probably on their side
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Why is standard of proof higher in criminal cases?
-if D found guilty in criminal law they loose their freedom, where as in civil D only has to compensate C with money or another remedy.
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What is a defence for law of tort?
- D can dispute claimants case and sometimes say it was pertly or completely the claimants fault.
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What is the main point of tort law?
A person has certain interest which others have an obligation to respect
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What does tort law aim to do ?
Protect individual interests from a harm that is actual or threatened.
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Is tort law a serious moral matter
To breach a duty enforced by tort law is wrong, and for some torts a very serious moral matter.
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What are the two main aims of tort law?
- to provide compensation and justice to injured victims
- Also, businesses should have a greater liability if their product has affected the environment or a person because they can afford it.
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What is compensation culture?
the attitude to sue for even the most trivial or minor injuries just to get money from businesses or people.
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What is the compensation act 2006?
was passed to regulate claims management companies and it became an offence to run an unauthorised claim management company.
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What do claims management companies do that's wrong ?
The services will do cold calls to try and get people wo have been in accidents to make claims.
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Why are cold calls to victims still seen as good in society?
A person suffering a personal injury should have greater efforts made so that people take responsibility for their actions and there's justice.
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What is the main difference between tort law and contract law?
In contract law there is a previous relationship of an entered contract whereas in tort law there was no formal relationship before the incident, there is only a relationship when the incident happens.
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what are 2 differences between tort law and criminal law?
- tort law is to provide a form of compensation for the injured and criminals law is about maintaining a civilised society and punish the wrong.
- a legally qualified judge decides whether a person is liable in tort, whereas in criminal it's a lay person,
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Other cards in this set

Card 2

Front

What could the injury be in law of tort?

Back

- personal injury
- minor or severe, involving life long care
- could also involve damage to property

Card 3

Front

What does the claimant have to do in a civil tort claim?

Back

Preview of the front of card 3

Card 4

Front

In a civil trial what does the judge sitting alone decide?

Back

Preview of the front of card 4

Card 5

Front

What can the parties appeal against?

Back

Preview of the front of card 5
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