Rules of tort law

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