Rule of tort

• What are the two remedies that may be awarded in a tort case?

  Damages = payment of money.

  Injunction = an order of the court to stop doing something
• In civil trial courts, what will the judge decide?

  Liability

  The amount of damages to be paid

  If the winning party is entitled to the payment of their legal costs by the losing party.
• How can one of the parties appeal against the decision of the judge?

  Against liability = on the grounds that the judge misdirected themselves on relevant law

  Against the amount of damages awarded = on the grounds that they were excessive or insufficient
• What are the torts that require fault to be proved?

  Negligence

  Occupiers’ Liability

  Psychiatric injury

  Economic loss
• What are strict liability torts?

  Where the fault does not need to be proven.

  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 = when employee commits a tort in the course of their employment.
• What is negligence in tort law?

  An act or failure to act due to the fault of the defendant which causes injury or damage to another person or their property.
• What must be proved in a negligence claim?

  Duty of care = reasonably foreseeable harm

  Breach of duty = defendant falls below standard of care appropriate to the degree of risk

  Damage caused = defendant’s risk causes damage.
• What is occupiers’ liability?

  Defined under the Occupiers Liability Act 1957, where the occupier of the premises owes a duty of care to lawful visitors.