negligence

• What is liability?

  The judge's decision that the case against the defendant is proved and that the defendant should pay compensation.
• What is civil law concerned with?

  Settling disputes between individuals, between individuals and businesses, or between a business and another business.
• In tort law, who is a case started by?

  The person who has suffered the loss or injury. The loss may be damage to property or loss of money: this is the claimant. the action will be taken against the individual/business that has caused the loss: this is the defendant.
• What will happen if the claimant is successful in proving their case?

  They will be asking the court to award a remedy. Usually, this is damages or in some torts, such as nuisance, the court will issue an injunction (failure to follow can lead to further sanctions, possibly imprisonment)
• In the courts, what will the claimant have to do?

  Prepare their claim and the initial evidence to show that they have a case and will suggest the amount of damages they are intending to claim.
• What does the judge sit alone to decide?

  The liability, how much damages should be paid, and if the winning party is entitled to the payment of their legal costs by the losing party.
• What 2 things can one of the parties appeal against the decision of the judge?

  Against the liability or against the amount of damages awarded.
• In civil cases, what is the standard of proof?

  "The balance of probabilities" meaning that it's more likely than not that the judge believes the claimant. This is a lower standard than the one used in criminal cases because the defendant is not being punished and isn't at risk of losing their liberty if the case is proved.
• What do many civil torts require the claimant to prove about the defendant?

  That they were at fault, meaning that there is some wrongdoing by the defendant. the claimant will have to prove this fault with evidence. This proving of fault is often difficult for the claimant as expert advice may have to be paid for/produced.
• What are the torts that require fault to be proved?

  • Negligence
  • Occupier's Liability
  • Psychiatric injury
  • Economic loss, particularly caused by negligent misstatement.
• What happens if the claimant cannot present sufficient evidence to prove the fault?

  They will be left without compensation, even if they are suffering physical injury or damage to their property.
• Which torts don't require fault to be proved?

  Strict liability actions. They will usually be cheaper and simpler for the claimant to prove as they don't require evidence to be produced to show how and why the accident happened.
• What are strict liability torts?

  • Nuisance: an action to stop unreasonable use of neighbouring land.
  • Rylands V Fletcher: an action for damage to land caused by material escaping from neighbouring land.
  • Vicarious liability: where an employee commits a tort in the course of their employment.
• Despite their being fewer defences available to a defendant in civil law than criminal law, what can the defendant do?

  Dispute the claimant's case and , in some cases, suggest that the claimant wholly or partially caused their own injury (consent and contributory negligence).
• In which case was negligence defined?

  Blythe V Birmingham Waterworks Co. (1856)
• What was negligence defined as in the case Blythe V Birmingham Waterworks Co?

  "Failing to do something which the reasonable person would do or doing something which the reasonable person would not do". From this definition it can be seen that negligence can result from either an act or an omission.
• What is negligence?


  An act or a failure to act due to the fault of the defendant which causes injury or damage to another person or their property.
• What is the main remedy for a successful claim of negligence?


  Compensation for the injuries or damages suffered.
• When are negligence cases settled outside of court?

  If the defendant admits liability or blame for the accident. However, the case may go to court if the defendant disputes the amount of damages or, when the court has to approve the amount of compensation.