Important Information and Cases for Tort.docx - Tort...

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Tort Lecture NotesWeek 1Tort = Civil WrongTort: A wrongful act or an infringement of a right (other than under a contract) leading to a legal liabilityYou cannot choose not to do a tortious act, unlike contract, intention isn’t requiredTort Law determines which human interests are fundamental and attempts to correctthemThe aim of Tort Law to compensate the claimant as if they were in the same position as before the actHow it works?Civil law occurs in county courts or high courts (so it can be adjudicated)Up to claimant to bring claimNo police equivalent to police to investigateMust do everything yourself unless you higher an expensive lawyerMost are settled through negotiation rather than trialTort is about finding a remedy not punishmentTort law is often about judicial opinion rather than rules which means that there’s often no correct answerReasons to sueTo receive damages (most common remedy but not always equivalent e.g. money forinjury)Another remedy e.g. InjunctionOther reasons e.g. A ‘day in court’ or to make a pointWider ImportanceCase law is key as judges rely on people suing previously to allow for legal developmentSmall case has wider impactDonoghue v Stevenson[1932] UKHL 100 This case set precedent for negligence and duty of care on a wider scaleDisadvantagesCost (Often 50% - 175% of claim)Stress and time (Often takes months or years)Most don’t reach courtKey Facts
Week 2 Lecture 1Types of DamagesNominal: Small sum, so small it is rarely worth the cost it would take to sueContemptuous: Tort was done, but the case wasn’t necessary, waste of time. RareAggravated: Higher than Compensatory. Overall due to higher loss. A larger sum required. Often criticised for being too moral in an objective area like tortExemplary: Punishment. Doesn’t fit well in the area of Tort. Usually for if the defendant benefits from the TortCompensatory: The standardExample of CompensatoryHousecroft v Burnett [1986] ALL ER 332 (CA)-Car accident including 16 year old with serious harm including paralysis ad head injury-Total award: £323,050, well over a million now-Breakdown of different amounts for different thingsIf the defendant can’t pay, there’s no point suing. Insurance or wealth generally required for it to be worth while. Common law develops alongside new social issuesABC v West Heath 2000 (1) Whittlock (2) [2015] EWHC 2687-35k given for sexting and assault. If no assault 25k-Financial limit prevents teens from suing too oftenPersonal Injury (Special Damages)Special damages are awarded to compensate for actual out-of-pocket expenses that a claimant has incurred as a direct result of the defendant’s actions or behaviour.E.g. Medical equipment, transport to trial, loss of incomePecuniary Losses: Future loss of earning etcNon-Pecuniary Losses: Value to non-financial things e.g. loss of hand, pain and suffering, loss of amenity

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