tort

What is a tort?

A tort is a civil wrong that allows an injured party to seek compensation for harm to person, property, or economic rights.

What is the main goal of tort law?

To provide financial compensation (damages) to the injured party for their losses.

How does tort law differ from criminal law?

Tort law compensates victims via civil courts; criminal law punishes offenders via the state in criminal courts.

What is the standard of proof in tort law vs. criminal law?

Tort: Balance of probabilities (51%); Criminal: Beyond a reasonable doubt.

Name 5 types of torts.

Defamation, Trespass to Land, Battery, Nuisance, Negligence.

What is defamation?

A false statement that injures a person’s reputation in the eyes of society.

Name a key defence to defamation.

Truth (Justification) — if the statement is true, it’s a complete defence.

What is battery in tort law?

Intentional and unlawful physical contact without consent.

What is assault in tort law?

Causing someone to reasonably fear imminent unlawful force.

What is false imprisonment?

Unlawfully restricting someone’s freedom of movement in all directions.

What is nuisance?

Unreasonable interference with someone’s use or enjoyment of their land.

What’s the difference between public and private nuisance?

Public affects the general public; private affects a specific individual’s enjoyment of land.

Define negligence.

Failing to exercise reasonable care, causing foreseeable harm to another.

What are the 4 elements of negligence?

Duty of Care, Breach of Duty, Causation, Damage.

What is the 'Neighbour Principle'?

You owe a duty to those who are closely and directly affected by your actions (Donoghue v. Stevenson).

What is vicarious liability?

Holding one person liable for another’s actions due to a special relationship (e.g., employer-employee).

Example of vicarious liability?

An employer being liable for a bouncer injuring a patron while performing their job duties.

Name 3 defences to negligence.

Contributory negligence, waiver, illegality.

What are the two types of damages?

Special (quantifiable) and General (subjective, e.g., pain and suffering).

What remedies are available in tort law?

Damages and injunctions.