tort law

• What does the word "tort" mean?

  Wrong
• In which type of law is tort mostly found?

  Common law
• What does tort law involve?

  Civil wrongs
• What is a person who commits a tort called?

  Tortfeasor
• How does a tort differ from a crime?

  A tort is private, a crime is public
• What is the aim of a tort action?

  To compensate the victim
• What was the legal system in England before the Norman invasion?

  Anglo-Saxon law
• What did Anglo-Saxon law require for civil wrongs?

  Payment of money to the victim
• How did Anglo-Saxon legal principles influence common law?

  They heavily influenced its development
• When did the term "tort" begin to be increasingly used?

  End of the 16th century
• What type of legal system is the English legal system?

  Common law system
• How does common law develop?

  Through decisions of judges
• What is private nuisance?

  Interference with land enjoyment without justification
• What is defamation?

  A false statement ridiculing a person
• What constitutes false imprisonment?

  Depriving freedom of movement without justification
• What is trespass to land?

  Entering another's land without lawful excuse
• What is trespass to the person?

  Intentional act of assault, battery, or false imprisonment
• What is fault liability in tort?

  Liability only if the person is at fault
• What is strict liability in tort?

  Liability even if not at fault
• What are the differences between corrective justice and retributive justice?

  Corrective Justice:

  • Restores the victim's position
  • Involves payment of damages or apologies

  
  

  Retributive Justice:

  • Focuses on punishment
  • Aims to prevent future wrongdoing
• What is the justification of tort law?

  To obtain compensation for damages caused
• How does tort law create an incentive for safety?

  Encourages careful actions to avoid harm
• What happens to those who cannot claim compensation?

  They may rely on taxpayer-funded benefits
• How does the rule of law support tort law?

  Allows claimants to bring actions for wrongs
• When can courts award damages to punish a tortfeasor?

  For oppressive and unconstitutional torts
• What are some criticisms of tort law?

  • Creates a compensation culture
  • High costs of negligence claims on taxpayers
  • Limited financial means for potential claimants
  • Rare availability of legal aid for tort
  • Abuse through fraudulent claims