Rules and Principles Concerning Liability and Fault (AQA A-Level Law): Flashcards

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Rules and Principles Concerning Liability and Fault
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Burden of proof in civil law

Claimant

Standard of proof in civil cases

Balance of probabilities

Balance of probabilities meaning

More likely than not / 51% likelihood or greater

Cambridge Water v Eastern Counties Leather (1994)

Introduced fault into negligence law

Fault in tort law

Wrongdoing or blameworthy conduct by defendant

Examples of fault-based torts

Negligence, occupiers' liability, psychiatric damage

Examples of strict liability torts

Nuisance, Rylands v Fletcher, vicarious liability

What claimant proves in no-fault torts

Incident occurred, damage suffered, causal link

Two main remedies in tort

Damages and injunctions

Special vs general damages

Special=quantifiable; General=non-quantifiable

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