An Overview of the Law of Tort law of torts Question and anser for LLB Part 1 A tort is the breach of a non-contractual civil duty owed to another

1. An Overview of the Law of Tort

1. What is a tort? A tort is the breach of a non-contractual civil duty owed to another.
2. What is strict liability? Liability which is imposed without the claimant having to prove that the defendant was at fault.
3. Name five objectives often attributed to the law of torts.                                     ·      Compensation ·         Deterrence ·         Vindication ·         Loss distribution ·         Punishment
4. What is the collective name given to contract, tort and restitution? The law of obligations
5. Name instances in which insurance is compulsory. Car drivers against injury to third parties and passengers; and manufacturers against injuries caused by their products.

2. Introduction to the Tort of Negligence

1. Who in law is your neighbor? Anyone whom you should reasonably foresee will be affected by your actions.
2. What are the three requirements of the Caparo test?                             ·         Foresight ·         Proximity ·         Justice
3. What is privity of contract? The principle that only those who are parties to a contract may sue on it, now subject to the Contracts (Rights of Third Parties) Act 1999.
4. What are the five main constituents of the tort of negligence?
5. Which statute has confirmed the common laws approach to manufacturers who allow foreign bodies into the foodstuffs they supply? Consumer Protection Act 1987

3. Duty of Care: General Principles
1. This is the technical term used to described those who are acting in the place of a child's parents. in loco parentis
2. What term has been used as a synonym for foreseeability and for referring to the entire relationship between a claimant and a defendamt in a negligence action? Proximity

3. What three concepts make up the final stage of the Caparo test? Fair, just and reasonable
4. Which argument, forming part of judicial policy, is used when the court fears there will be an indeterminate number of claims in a particular duty situation? Floodgates
5. What is meant by the “deepest pocket” principle? The imposition of liability on those best able to afford the loss.
6. Which term refers to the courts' approach whereby they reason by analogy with existing case law? Incremental
7. Which term refers to those decisions in which the judges do not acknowledge the true reason for their decision? Latent policy decision
8. What is the name of the test for the duty of care which has been superseded by Caparo? The two-stage test from Anns

4. Duty of Care: Psychiatric Injury

1. What is the general and somewhat outdated term sometimes still used to refer to various kinds of psychiatric injury?
2. What is PTSD? It stands for post-traumatic stress disorder, which is a recognised medical condition lasting for a long time after a stressful event.
3. What term do the courts use to describe the hypothetical person who is not particularly vulnerable to psychiatric harm?