Rules and Theory (OCR A-Level Law): Flashcards

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The Rules and Theory of the Law of Tort
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Type of law that tort belongs to

Private civil law

Primary aim of tort law

To protect interests & compensate, not punish

Party bringing a tort claim

Claimant

Burden of proof in tort rests on

The claimant

Standard of proof in tort law

Balance of probabilities (more likely than not)

Torts requiring fault

Negligence and occupiers' liability

Torts NOT requiring fault (strict liability)

Nuisance, Rylands v Fletcher, vicarious liability

Two main remedies in tort law

Damages and injunctions

Most strongly protected interest in tort

Harm to the person (personal injury)

Tort damages vs contract damages orientation

Backward-looking vs forward-looking

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