rules of tort law

Liable

The judges decision that the case against the d is proved and that the d should pay compensation

Civil law

The law concerned with the relationship between individuals

Seeks to settle disputes

Tort

A civil wrongful and tort law compensates a person who has been injured or whose property is damaged.

Types of civil law

Tort law- allows people to claim compensation when injured or property damaged

Contract law-operates when goods or services are bought and sold

Family law-sets out rules governing family relationships

Employment law -rules operating between employer and employee

Claimant

The person who has suffered loss or damage and is bringing a claim for compensation

Defendant

Person who has caused the loss or damage

Damages

The payment of money by way of compensation. The aim of damages in tort is to put the claimant back in the position they were in before the tort so far as money can go

Injunction

An order of the court to stop doing something. Failure to follow the court order can lead to further sanctions including imprisonment. An injunction can order a positive action.

Courts

Procedure in courts

Claimant prepares claim and initial evidence to show they have a case + suggest the amount of damages they intent to claim

In civil courts judges sit alone to decide-the liability, how much damages should be paid, if the winning party is entitled to the payment of their legal costs by the losing party

General rule is that loser pays winners legal fees

One of the parties can appeal against the decision by

1. Against liability-who wins the case but on the grounds that the judge misdirected themself on the relevant law

2. Against the damages rewarded- excessive or insufficient

Burden of proof

Burden of proof is on the claimant

Standard if proof is the balance of probabilities

Fault

Means there is some wrongdoing by the defendant

Torts that require fault to be proved specifically:

1. Negligence

2. Occupiers liability

3. Psychiatric injury

4. Economic loss

Strict liability

A civil action where fault of the d need not be proved

Strict liability torts -nuisance-an action to stop unreasonable use of neighboruoughing land

Roland’s v fletcher- an action for damage to land caused by material escaping from neighbouring land

Vicarious liability-employee commits a tort in the course of their employment

Defences

Consent and contributory negligence

Dispute the claimants case and suggest claimant wholly or partly caused their own injury

Negligence

An act or failure to act due to the fault of the d which causes injury or damage to another person or their property

It’s a common law tort

Blythe v Birmingham waterworks co. 1856

Baron Anderson defined negligence

Failing to do something which the reasonable person would do or do something which the reasonable person would not do

Occupiers liability

Where claimant suffers personal injury on occupiers premisises

Occupiers liability act 1957-occupiers of premises owes a duty of care to lawful visisters (have permission of occupier). Common duty of care owed if duty broken and visitor injured they are entitled to receive compensation. V can also claim compensation for any property damages

Occupiers liability act 1984-allows claims by trespassers. They are also allowed a duty of care though different from a lawful visitor.

Remedy

Then way in which a court will enforce or satisfy a claim when injury or damage has been suffered and proved

Special damages

Cover the period up to the trail and cover claims that can be specifically calculated. For personal injury claim these include treatment cost + loss of wages

General damages

Cover the period after the trial and include the pain and suffering as a result of the accident, future loss of earnings, future medical costs and ny loss of amenity