tort law intro

Tortious Liability

Arises from breach of duty imposed by law, resolved by action for unliquidated damages.

Damages

Compensation or money awarded for harm suffered due to a tort.

Tortfeasor

One who commits a tort, a wrongful act.

Negligence

Failure to exercise reasonable care, causing injury or damage to others or property.

Duty of Care

Obligation to take reasonable care to avoid acts or omissions that could harm others.

Donoghue v Stevenson [1932]

Landmark case establishing the principle of duty of care towards consumers.

Standard of Proof

Balance of probabilities in civil law, beyond reasonable doubt in criminal law.

Burden of Proof

Lies with the claimant in civil law, with the state in criminal law.

Equitable Remedies

Claims with no formal time limits, but delay can impact the outcome.

Neighbour Principle

Legal concept requiring individuals to take reasonable care to avoid actions that could harm others foreseeably.