Theory of Tort Law (AQA A-Level Law): Flashcards
📚Flashcards
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Practise the cards
10 cards from this deck
Policy decisions in tort law
Policy decisions in tort law
Judges' decisions on imposing liability in new situations
3 key policy factors (LFP)
3 key policy factors (LFP)
Loss allocation, Floodgates, Practical impact
Floodgates concern
Floodgates concern
Risk that imposing liability leads to large volume of new claims
Pure economic loss
Pure economic loss
Financial loss without physical injury or property damage
Cardozo's indeterminate liability warning
Cardozo's indeterminate liability warning
Indeterminate claims by indeterminate parties for indeterminate $
Psychiatric injury
Psychiatric injury
Recognised psychiatric conditions caused by negligence (e.g. PTSD)
3 psychiatric injury concerns (FFP)
3 psychiatric injury concerns (FFP)
Floodgates, Fraud, Problems of proof
Secondary victim
Secondary victim
Person who suffers psychiatric harm from witnessing injury
Objective standard in negligence
Objective standard in negligence
Standard of the reasonable person (Vaughan v Menlove)
Deepest pockets policy
Deepest pockets policy
Employers have greater resources to compensate via insurance