L3 S2 : Anglais : Introduction & the tort action (1)
In English how the word "tort" is being used ?
For certain civil wrongs
Who is the author of a tort ?
A wrongdoer or a torfeasor
How can you distinguish torts from crimes ?
The object :
-criminal proceedings = punishment
-proceedings in tort = compensation or reparation
Why compensation and reparation is used in tort ?
For the loss or injury caused by the defendant
Can the same facts include a crime and a tort ? If yes, give an example and the proceedings :
Driver of a car drives carelessly and knocks a cyclist : prosecuted for dangerous driving in criminal courts (sentence if guilty) AND the cyclist can bring a civil action in the tort of negligence to recover compensation : personal injury + damage to his bicycle
From what else than crimes, tort must be distinguished ? Explain
From breaches of contract, because in contrat the duties are imposed by the parties, in tort duties are fixed by law : liability in contrast based on a duty to specific persons, in tort on a duty to persons in general
Which law is predominant in tort law ? Who defines what counts as tort most of the time ? (2 words, 1 word plural)
common law, judges
Define tort with 2 points : rights to the victim to do what/ a civil wrong which is... ?
- Gives the plaintiff= victim the right to bring an action in a civil court
- which is a breach of a duty by law, breach redressible by action for unliquidated damages (imprecise amount of money)
Complete the sentence : Tort law is primarily intended to ... legally recognized harms by ... ... .... against the wrongdoer : (virgule entre puis espace)
redress, rendering a judgement
R/W : Tort law can be an intentional act only (right or wrong, and one word to complete if needed)
wrong, negligent
What are the 3 most common remedies for torts ?
damages, court order = injunction, restitution
Give the latin of "damage without legal wrong" :
damnum sine injuria
Give an exemple of damnum sine injuria :
a shopkeeper kicked out of business because of prices of the supermarket : nothing illegal, he suffers loss without legal wrong
Give the latin for "legal wrong without damage":
injuria sine damno
Give one or two examples of injuria sine damno :
-Trespass to land : sufficient to set foot on sb's property even without damage to be sued for trespass
-Libel : may be sued even if no loss has been suffered by the victim
How can you define trespass and libel ?
They are actionable per se
Give the definition of actionable per se :
The plaintiff can bring an action without having to prove damage
What is the limit to liability in tort ?
The damage must not be too remote from the original wrong
Define a breach of a statutory duty :
A failure to carry out duties or to fulfil obligations imposed by legislation
To be held liable in tort, do you need to be present during events ? + example
No, one can be miles away and still be held liable for damages
Ex : industrial accident result of the non-observance by the employer
Explain the situation in the case Donaghey v Boulton and Paul 1968 :
a man fell through a hole in the roof which he was working and sued his employers for failing to provide crawling boards required by regulations
R/W : anyone of fulla ge can sue or be sued in tort
Right
Who are immune in tort : 8 categories, if needed why :
-The Crown (UK) "the king can do no wrong" only applies to the sovereign but since 1947 Crown Proceedings Act : may be sued for torts committed by its servants or agents
US : government also has immunity limited by statute
- Judges within their judicial capacity, applies to counsels, witnesses in a case they are involved
- Foresign sovereigns and diplomats : not sued during their term of office
- Depends for the minors UK are immune, but US generally can be sued , age not a defence, but standard of behaviour of a child the same age not adult
-persons of unsound mind, disabled : liable, not a defence, compared to criminal law where insanity is a defence, they as well as minors be represented by a suitable adult
-corporations : can sue and be sued, vicarious liability for their employees
- Before law Reform Act in 1962 in UK spouses could not sue each other, but now, yes : especially domestic assault
- dead persons : you can still bring suit
What are the 3 points the plantiff must prove in an action in tort ?
-alledged tortfeasor had done an act or failed to do it that he should have
-intentional, negligent, or failed to comply with some legal duty
-had resulted in damage for the plaintiff (except actionable per se)
What are the 2 main defences in tort ?
Deny the facts, denial of liability
What does "volenti non fit injuria means" ? And when can it be involved ?
No injury can be made to a person who consents : dangerous sports, a patient signing a consent before operation
What are the 3 points the defendant must prove for the defence of consent ?
- claimant had knowledge of the nature and extent of the risk they consented to
- consent must be voluntary
- they must have shown to have agreed to the risk
Which defence for occupiers' liability ?
Warning notices
Which defence for nuisance ? (2)
-prescription
-statutory authority
Which defence for trespass to land ? (3)
- contractual licence
-lawful authority
-necessity
Which defence for assault and battery ? (5)
- lawful authority
- self-defence
- parental authority
- consent
- necessity
Which defence for defamation ? (3)
- privilege (immunity)
- justification
- consent
What is a statutory authority ?
the defendant cannot be held liable for damages resulting in the course of an act sanctioned by statutory enactment or law passed by the lesgislature
What is the defence of necessity ?
(rare) : damage done intentionally may be excused because done out of necessity : ex : damage to a person's house to prevent fire from spreading
What are the limitations of actions ? (UK and USA)
- UK (and Australia) : action in tort generally must be brought within 6 years of the cause of the action arising
Depends from state to state in USA
-Actions for damages in personally injury of fatal accidents have limitation periods of 3 years
What are the 4 particularities of american tort law ?
- most are decided by a jury
- mainly state law : varies from state to state
- much larger awards to pain and suffering compared to Europe
- punitive damages tend to be excessive
Give a synonym of pain and suffering (mental injury) :
Emotional distress
How the order that forbids approaching a victim is called ?
Protection order
How do you call a "peine avec sursis" ?
Suspended sentence
Give a synonym of not too "remote" ?
Far away