Flashcards on Comparative Legal Systems and Tort Law

Comparative Legal Systems & Tort Law: Student's Guide

SummaryKnowledge testFlashcardsPodcastMindmap
1 / 39

What are the four elements a claimant must prove in a negligence claim?

Duty of care, breach of duty (failure to meet the required standard), causation (link between act and harm, often tested by the 'but for' test), and d

Tap to flip · Swipe to navigate

Tort law

39 cards

Card 1

Question: What are the four elements a claimant must prove in a negligence claim?

Answer: Duty of care, breach of duty (failure to meet the required standard), causation (link between act and harm, often tested by the 'but for' test), and d

Card 2

Question: How does tort law differ from criminal law?

Answer: Tort law deals with civil wrongs causing harm and gives the injured party the right to claim compensation; criminal law deals with offences against th

Card 3

Question: What does 'actionable per se' mean in tort law?

Answer: A legal wrong is actionable in itself and there is no need to prove damage; the claimant can bring a claim without showing actual harm.

Card 4

Question: Name the main categories of torts in UK law.

Answer: Negligence, trespass, nuisance, and defamation.

Card 5

Question: Define negligence in simple terms.

Answer: An unintentional tort where a person breaches a duty of care and causes harm; a reasonable person should foresee possible damage and avoid the conduct

Card 6

Question: Give examples of situations where negligence commonly arises.

Answer: Road accidents, workplace accidents, accidents involving animals or children, and medical (clinical) negligence.

Card 7

Question: What is professional negligence and who is a tortfeasor in this context?

Answer: Professional negligence is when a professional breaches the standard of care in their professional activities; the tortfeasor is the professional who

Card 8

Question: How is clinical (medical) negligence assessed according to the content?

Answer: By the Bolam test and using medical reports and independent expert opinions; it is sufficient to prove that no other reasonable healthcare professiona

Card 9

Question: What are the three forms of trespass to the person?

Answer: Assault, battery, and false imprisonment.

Card 10

Question: Define assault in tort law.

Answer: A threat of violence that causes the victim to fear harmful contact.