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Tort Law Summary
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Good summary concerning the relevant aspects of Tort Law. Explanation of the main issues of Tort Law and liability. Well structured and concise summary.Adequate for exam preparation!
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SUMMARY OF THE INTRODUCTION TO LAW BOOKCHAPTER VI: TORT LAW
I. LIABILITY LAW
Concerns the conditions under which someone who has suffered damage can
claim compensation
Contractual liability
o Deals with liability within a contractual relationship;
Tort Liability
o Extra-contractual liability
Justice
o Corrective
o Distributive
Fault liability
o The damage must be borne by the person who suffered it in the first
place
o EXCEPTIONS
When the person who caused the damage acted negligently or
intentionally
Strict Liability
o The damage was not caused by anyone in particular
Or
o Is not the result of a negligent act
o There is liability but this is not based on someone’s fault
Mechanisms for the distribution of Damage
o The damage can be shifted from the person who suffered it to someone
else
o The damage can be shifted to the society as whole because:
The damage is too big to be borne by one person
The damage is responsibility of a larger number of people
II. TORT LAW
There must have been a damage
, There might be a reason for the person who suffered the damage to be
compensated
THE COMMON LAW OF TORTS
o Rules for different kinds of torts
o “Law of torts”
o The most important and comprehensive is the tort of negligence
CIVIL LAW
o There are more torts based on case law than in legislation
o Few rules have been interpreted differently in different kinds of
wrongful acts
o “Tort Law”
III. TWO KINDS OF JUSTICE
Corrective Justice( retributive or compensatory justice)
o Rectifying something that has been done wrong
o There must have been a wrongful act and that act must be caused by
someone so he/she can be held liable for damages
o The person who suffered the damage must be brought to the same
position she/he was before the damage occurred
o The liability of a person depends upon the wrongfulness of the act
Distributive Justice
o Distribution of the damage over a group of people
o The compensation aims to restore the distribution that existed before
the damage
o Not used to restore the status quo of someone
IV. FAULT LIABILITY
Exists when a person is liable for the damage caused to another because the
former wrongfully caused the damage of the latter
THE COMMON LAW APPROACH
o TORT OF NEGLIGENCE
o CONDITIONS:
1. THERE MUST HAVE BEEN A DUTY OF CARE
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