FE-1 Law of Torts flashcards

33 cards. Read the term and the definition here. The deck at the top of this page is optional.

Duty of care

A legal obligation to take reasonable care toward another person. It arises from foreseeability of harm, proximity between the parties, and whether imposing the duty is fair, just and reasonable.

Breach of duty

Failure to meet the standard of the reasonable person of ordinary prudence, judged by the magnitude of risk, probability of harm, cost of precautions and social utility of the activity.

But-for test

Factual causation test asking whether the harm would have occurred without the defendant's breach. If the harm would have happened anyway, the breach is not a factual cause.

Material contribution test

Used where multiple causes could have produced the harm. The claimant proves the defendant's breach materially contributed to the harm or to the risk of it, shifting the burden to the defendant.

Remoteness of damage

Limits liability to damage of a kind reasonably foreseeable at the time of breach. The precise manner or full extent of the injury need not be foreseen by the defendant.

Thin skull rule

A defendant must take the victim as found. If a foreseeable injury is worsened by the claimant's unusual physical or psychological vulnerability, the defendant remains liable for the full extent.

Contributory negligence

A partial defence where the claimant's own carelessness contributed to the harm. Damages are reduced by the proportion of responsibility fairly attributed to the claimant.

Voluntary assumption of risk

A complete defence requiring proof that the claimant knew of the specific risk, appreciated it, and freely consented to run it, whether expressly or by clear implication.

Res ipsa loquitur

The thing speaks for itself. Where the accident is of a kind that ordinarily does not happen without negligence and the cause was under the defendant's control, negligence may be inferred.

Battery

Intentional application of unlawful force to another person without consent. Hostility is not required; the slightest unwanted contact, such as an unwanted touch, can constitute battery.

Assault

An intentional act causing another person reasonably to apprehend the immediate application of unlawful force. Words and gestures can amount to assault even without physical contact.

False imprisonment

Intentional and complete deprivation of a person's liberty without lawful justification. The claimant need not know of the detention at the time, and any reasonable means of escape defeats the claim.

Trespass to land

Unjustified direct entry onto land in another's possession, including remaining on it or placing objects on it. Intention to enter is required, but intention to trespass is not.

Private nuisance

Substantial and unreasonable interference with another's use and enjoyment of land, judged by locality, duration, intensity, sensitivity of the claimant and any malice of the defendant.

Public nuisance

An unlawful act or omission endangering the life, health, property or comfort of a class of the public. An individual claimant must prove special damage beyond that suffered by the public generally.

Strict liability

Liability imposed without proof of fault or negligence. Examples include liability for dangerous animals and the escape of dangerous things brought onto land for a non-natural use.

Vicarious liability

An employer's liability for torts committed by an employee in the course of employment. It requires an employment-like relationship, a tort, and a close connection to the employment.

Occupiers' liability

An occupier's duty to lawful visitors to take reasonable care that the premises are safe for the purpose of the visit, including maintenance, warnings and supervision of independent contractors.

Defamation elements

A statement is defamatory if it lowers the claimant in the estimation of right-thinking people, identifies the claimant, and is published to at least one third party.

Truth defence

In defamation, proving that the imputation conveyed is substantially true in its essential sting defeats the claim, even if minor details are inaccurate or the statement was made maliciously.

Honest opinion defence

Protects a statement of opinion, not fact, that indicates the basis of the opinion, that a honest person could hold on facts existing at publication, and that the defendant genuinely held.

Absolute privilege

A complete defence to defamation for statements made in parliamentary proceedings and in the course of judicial proceedings, regardless of malice or the truth of the statement.

Qualified privilege

A defence for statements made in the performance of a legal, moral or social duty to a person with a corresponding interest to receive them, defeated by proof of malice.

Compensatory damages

A sum intended to restore the claimant to the position before the tort, covering pain and suffering, loss of amenity, past and future loss of earnings, and medical and other expenses.

Mitigation of loss

The claimant's duty to take reasonable steps to reduce loss flowing from the tort. Failure to do so reduces recovery, but risky or disproportionately expensive steps are not required.

Injunction

A court order requiring a party to do or refrain from doing something. Prohibitory injunctions restrain continuing torts such as nuisance; mandatory injunctions compel positive remedial action.

Limitation period

The time within which a claim must be brought. Generally six years for tort, three years for personal injury from the date of knowledge, and one year for defamation.

Product liability

Statutory liability of producers for defective products causing death, personal injury or property damage above a value threshold, without proof of negligence, subject to statutory defences.

Conversion

Intentional dealing with another's goods in a manner inconsistent with the owner's rights, such as taking, selling or destroying them, amounting to a denial of title.

Trespass to goods

Direct and intentional interference with goods in another's possession, such as seizing or damaging them, without lawful justification. It protects possession rather than ownership.

Nervous shock

Psychiatric injury caused by witnessing or being involved in a distressing event. Recovery requires a recognised psychiatric illness, proximity of relationship or involvement, and foreseeability.

Economic loss

Pure financial loss unconnected to physical damage or injury, generally not recoverable in negligence unless it arises from a special relationship of reliance or a negligent misstatement.

Employer's duty

An employer owes a personal, non-delegable duty to provide competent staff, adequate plant and equipment, a safe place of work, and a safe system of working with proper supervision.