Studied by 1 person
key topics include: general principle, burden and standard of proof, fault or no fault, defences, and remedies
What do you call the defended that loses the case
liable
What proof is needed
‘balance of probabilities’
What does ‘balance of probabilities’ mean
it is more likely than not that the claimant is telling the truth
In which torts is fault required
negligence
occupier’s liability
psychiatric damage
pure economic loss caused by negigent misstreatment
In which torts is fault not required
nuisance
Rylands v Fletcher
vicarious liability
Counter claim
Defences generally divert blameworthiness away from the defended back to the claimant - claimnant is resposible for their own damage
What are the remedies for successful actions
money calculated to return the claimant to their original position before the tort had taken place, or
a court order to stop; this is most common in torts such as trespass and nuisance
What does the loser pay?
legal costs of the winner, and
their own costs
Cambridge Water v Eastern Counties Leather
case that first introduced fault into negligence law
Rylands v Fletcher
the person who brings something onto their land is responsible for any damage caused by its escape
