law

    Master this deck with 20 terms through effective study methods.

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    What is contributory negligence?

    A partial defence reducing liability based on the claimant's fault.

    How does volenti non fit injuria function?

    It absolves the defendant of liability if the claimant consented to the risk.

    What does ex turpi causa non oritur actio mean?

    No claim arises from illegal or immoral acts.

    What is the burden of proof in tort liability?

    The claimant must establish liability for a tort.

    What is the role of necessity in tort law?

    It allows for actions taken to prevent greater harm.

    What distinguishes self-defence from other defences?

    It permits reasonable force to protect oneself or others.

    What are compensatory damages?

    They aim to restore the claimant to their pre-tort position.

    What are aggravated damages?

    Extra compensation for emotional harm or distress.

    What is the significance of the Law Reform (Contributory Negligence) Act 1945?

    It statutory grounds for reducing damages based on claimant's fault.

    What happens if a claimant is partly responsible for their own harm?

    Their compensation is reduced proportionally to their fault.

    What is the time limit for personal injury claims?

    3 years from the time of awareness of the injury.

    What is a prohibitory injunction?

    An order to stop a party from doing something.

    What is the principle of mitigation in tort law?

    Injured parties must act to reduce their losses.

    What is the difference between nominal and punitive damages?

    Nominal damages acknowledge a legal wrong; punitive damages punish the defendant.

    What does the term 'act of God' refer to?

    Harm caused by extraordinary natural events.

    What is the implication of consent in medical treatment?

    Patients must be informed of risks for consent to be valid.

    What is the standard for reasonable force in self-defence?

    The response must match the level of threat faced.

    What is the effect of a complete defence in tort?

    The claimant receives no compensation if the defence succeeds.

    What does 'restitutio in integrum' mean?

    Restoration to the position before the tort occurred.

    What is the role of the court in determining damages?

    To assess what reduction is just and equitable.