Rules of Tort Law (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Defences in tort: main function
Defences in tort: main function
Shift responsibility from defendant to claimant
Burden of proving a defence
Burden of proving a defence
Falls on the defendant raising it
Definition: remedy
Definition: remedy
Legal solution/relief for successful claimant
Two principal remedies in tort
Two principal remedies in tort
Damages and injunctions
Definition: damages
Definition: damages
Monetary compensation for claimant
Purpose of damages
Purpose of damages
Restore claimant to pre-tort position
Definition: injunction
Definition: injunction
Court order to stop defendant's conduct
Injunctions: time focus
Injunctions: time focus
Forward-looking, prevent future harm
Is injunction automatic if tort proved?
Is injunction automatic if tort proved?
No, discretionary remedy
Loser pays rule
Loser pays rule
Losing party pays both sides' legal costs