Rules of Tort

• Liable


  Judge's decision that the case against the D is proved and the D should pay compensation
• Civil Law 


  The law concerned with the relationship between individuals
• Tort 


  Allows people to claim compensation when they have been injured or their property has been damaged
• Claimant


  The person who has suffered loss or damage and is bringing a claim for compensation
• Defendant


  The person who has caused the loss or damage
• Damages


  The payment of money as compensation - aims to put claimant back in the position they were before the tort
• Injunctions


  Court order to stop doing something
• The courts

  • Claimant prepares their claim and suggests amount of damages in order to go to correct court/track
  • Judge decides the liability, amount of damages, if the losing party pays the winning party's legal fees
• Burden of Proof


  The balance of probability
• Strict Liability


  A civil action where fault of the D does not need to be proved
• Negligence


  an act or failure to act due to the fault of the D which causes injury or damage to another person/property

  E.g. being injured at work
• Occupier's Liability


  Branch of negligence when the claimant suffers personal injury while on occupiers premises
• Remedy 


  The way in which the court will enforce a claim when injury/damage has been suffered or proved