About the Lawcards Series
Tort Lawcards Glossary
Click on the glossary term to see the definition
Chapter 1
- tort
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A non-contractual civil wrong.
- negligence
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a tort arising when the defendant owes a duty of care to the claimant and an act or omission by the defendant falls below the standard of care that might be expected from a reasonable person causing damage to the claimant as a result.
- duty of care
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the legal obligation to take reasonable care to avoid causing damage to another.
- ECHR
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European Court of Human Rights.
- vicarious liability
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legal liability imposed on a party for the torts (or crimes) committed by another.
- Criminal Injuries Compensation Board
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Body responsible for administering the state scheme for awarding payments from public funds to victims of criminal injury.
- novus actus interveniens
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An act which breaks the chain of causation between a defendant's tort and the claimant's ultimate damage. The defendant is responsible for all tortuous damage up to the novus actus but absolved from responsibility for any subsequent harm.
- nervous shock
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a psychiatric illness resulting from shock that goes beyond normal grief, sorrow or anxiety.
- Mareva injunction
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a 'freezing injunction' that allows a court to freeze the assets of the defendant.
- omission
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a failure to act.
- causation
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the relationship between an act and its consequences.
- House of Lords
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the highest appellate court in England and Wales. In 2009 it will be replace by the Supreme Court.
Chapter 2
- common law
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the body of law which has evolved from decisions of the courts, rather than deriving from Acts of Parliament.
- occupiers' liability
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the liability of an occupier of land (or premises) to persons on the land for the condition of the land/premises and things done there.
- invitee
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a person permitted to enter onto land or into premises for a purpose in which the occupier of the land has a material interest.
- licensee
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a person who enters onto land with the express or implied permission of the occupier.
- trespasser
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a person who enters onto land without the express or implied permission of the occupier.
Chapter 3
- private nuisance
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an unlawful interference with the use or enjoyment of land, or some right over or in connection with it.
- public nuisance
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an unlawful interference with the health, safety, or comfort of the public at large.
- easement
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a right enjoyed by an owner of land to a benefit from neighbouring land owned by another.
- profit à prendre
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the right to take produce, soil or minerals from another's land.
- occupier
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a person in possession of land or premises.
- landlord
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a person granting a lease or tenancy.
Chapter 4
- contributory negligence
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a person's carelessness for their own safety or interests which materially contributes to damage suffered by them as a result another's negligence.
- consent
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express or implied affirmation.
- volenti non fit injuria
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a defence that the claimant consented to being injured or the risk of injury.
- ex turpi causa non oritur actio
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the legal maxim which states that a person engaged in an illegal or immoral act at the time they are harmed may be precluded from bringing a civil claim.
- latent damage
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damage which may not be immediately apparent.
Chapter 5
- compensation
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monetary payment to compensate for loss or damage.
- lump sum
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a single award for damage which covers both past damage (up to the judgment) and prospective damages (any damages likely to accrue after the judgment).
- structured settlement
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form of settlement used (normally in cases of serious personal injury) in which in addition to a lump sum payment for damage already suffered the claimant will receive periodic payments to cover future needs.
- mitigation of damage
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the claimant is under a duty to take all reasonable steps to mitigate their loss(es) when claiming damages.
- injunction
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a discretionary remedy which takes the form of a court order addressed to a particular person prohibiting them from doing (or continuing to do) a certain act or ordering them to do a certain act.