Tort (Intro)

• What is the focus of tort law?

  To provide guidance and protection in interactions
• What does 'tort' mean in Latin?

  'Wrong' or 'injustice'
• What constitutes a tort?

  A breach of a duty owed to someone else
• What are the two intrinsic characteristics of tort according to Cane?

  Guidance on behavior and protection of interests
• What types of torts protect a person's physical and mental well-being?

  • Trespass to the Person
  • Assault
  • Battery
  • False Imprisonment
  • Negligence
• What torts protect personality interests?

  • Defamation
  • Harassment
• What torts protect a person's property interest?

  • Private Nuisance
  • Negligence
  • Trespass to Land
• What is the rule in Rylands v Fletcher related to?

  Liability for damage caused by non-natural use of land
• What is the difference between intentional and non-intentional conduct in torts?

  Intentional involves deliberate actions, non-intentional does not
• What is actionable damage in tort law?

  Proof that the claimant suffered recognized harm
• What are the types of remedies available in tort law?

  Damages and injunctions
• How does the standard of care differ in tort cases?

  It is measured objectively against a reasonable person
• What is vicarious liability?

  Holding an employer responsible for an employee's actions
• Is vicarious liability considered a tort?

  No, it is a form of liability
• What historical relationship does vicarious liability involve?

  Between a master and servant
• What is the case Nettleship v Weston known for?

  Establishing duty of care for learner drivers
• What did Lord Denning state in Nettleship v Weston?

  1. W owed a duty of care as a driver
• What was the ruling in Roberts v Ramsbottom regarding the defendant's awareness?

  The defendant was unaware of his unfitness to drive
• What did the court determine in Mansfield v Weetabix about the driver's actions?

  The driver was not at fault due to lack of awareness
• What is the significance of the case law mentioned in relation to vicarious liability?

  It illustrates the application of vicarious liability
• What is the role of the claimant in tort law?

  To prove the wrongdoer's liability
• Who is typically the wrongdoer in tort cases?

  Usually an impecunious individual
• What is the antecedent relationship in vicarious liability?

  The relationship between employer and employee
• What is the significance of the case law Nettleship v Weston in tort law?

  It addresses liability of learner drivers
• What is the significance of the case law Roberts v Ramsbottom in tort law?

  It discusses awareness of unfitness in driving
• What is the significance of the case law Mansfield v Weetabix in tort law?

  It clarifies the standard of care for drivers
• What is the primary focus of tort law regarding damages?

  To compensate the victim for losses
• What is the role of the court in tort cases?

  To determine liability and award damages
• How do different torts protect various interests?

  By addressing specific harms to individuals
• What is the relationship between tort law and social behavior?

  Tort law guides acceptable interactions among individuals