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Interactive glossary
The earliest time at which a cause of action, for instance a claim in negligence, can be brought by a defendant.
The claimant need not prove damage or loss as a result of the tort, eg trespass torts and libel.
Compensatory damages which reflect injury to the claimant’s feelings as a result of malice or bad motivation on the part of the defendant.
A proportionate allocation of a gain or loss, eg as done by the court in relation to legal responsibility in cases of joint and several liability.
The tort of causing the claimant to reasonably apprehend the infliction of a battery on him by the defendant.
One justification for the imposition of a duty of care, particularly in respect of pure economic loss.
The tort of intentional and direct application of force to another, without his consent.
Formerly an equitable action, this is now a tort used to protect private information.
The essential factual and legal link between the defendant’s wrong and the claimant’s loss.
The most common type of damages in tort, which aim to put the claimant back in the position he or she would have been in had the tort not occurred.
A way of funding access to legal services, whereby legal fees are reduced or eliminated if an action is unsuccessful but subject to an ‘uplift’ if successful.
Voluntary assumption of risk, sometimes referred to as volenti non fit injuria.
The failure of a claimant to take adequate care to prevent his loss. This will result in the judge reducing damages to an extent which is just and equitable under the Law Reform (Contributory Negligence) Act 1945.
Payment by a defendant, agreed or legally imposed, for an infringement of a claimant’s interests. Damages in tort are primarily compensatory.
A wrong suffered which is not legally actionable.
The tort, comprising libel and slander, which protects the interest in reputation.
Acting in a way which departs from or diminishes the objective of a law.
The process of discouraging someone from doing something, usually predicting undesired consequences.
The power or right to decide or act according to one’s own judgement.
The relationship between the claimant and the defendant which is the first element in establishing potential negligence liability.
Voluntarily given, rather than out of duty or legal obligation.
Unlawful and total restraint upon the claimant’s freedom of movement.
The extent to which a defendant has failed to fulfil his duty of care to a claimant.
The extent of likelihood that a certain outcome will occur.
A defence to negligence based upon the fact that the claimant’s action was founded on his involvement in an illegal enterprise. The Latin term is ex turpi causa non oritur actio.
A remedy whereby the court orders someone to do, or refrain from doing, a certain act.
An alternative word for the loss or damage which is the subject of a duty of care.
An injunction given on the urgent application of one party, which is temporary pending a full trial of the issue.
When two or more independent wrongdoers cause a single indivisible loss to the claimant, each can either be totally liable for the loss or alternatively may seek a contribution from the others.
Able or appropriate to be determined by a court.
Physical damage which is delayed in becoming apparent. For instance, defective building foundations leading to subsidence after ten years.
Like damage, the basis of the claimant’s tort action against the defendant.
A major category of tort which requires the elements of duty of care, breach of duty, and causation of a legally recognized form of damage which is not too remote.
Carelessly given information or services which may be the basis of a tort action for pure economic loss, as described first in Hedley Byrne v Heller.
The general rule for determining when there is a duty of care in negligence, as set out by Lord Atkin in Donoghue v Stevenson.
An intervening act (by the claimant, a third party, or natural) which breaks the ‘chain of causation’ and makes the result too remote to be actionable.
The area of tort which is concerned with injury to the use and enjoyment of land.
An expectation of behaviour which is imposed by law, regardless of the individual characteristics or situation of the defendant.
The Royal Commission on Civil Liability and Compensation, established in 1973 to study and evaluate the tort system, and reporting in 1978.
The non-legal considerations (eg economic, political, ethical, and social), which may have a role in judicial decision-making.
On the face of it, or at first sight.
A defence to defamation based upon a special situation or relationship.
The extent of closeness between two parties or two events.
Financial loss not derived from personal injury or property damage, eg loss of prospective profit or the acquisition of a defective product.
An amount, particularly of damages.
What is sought by the claimant as recognition of, or to ‘make good’, the tort committed against him.
An evidential rule which may be applied when a claimant has difficulty establishing that a defendant has breached the duty of care owed.
Liability without the establishment of fault by the defendant, eg under the Consumer Protection Act 1987 or Rylands v Fletcher.
A procedural tactic whereby a party applies to the court to discontinue a legal action because it discloses no cause of action or possibility of defence.
A civil wrong in which the claimant’s interest is protected from the world at large, rather than based upon contract.
One who commits a tort, or civil wrong.
The oldest category of tort, which is actionable without proof of damage and is based upon a direct and intentional act.
A public law concept indicating the acting outside of legally given powers, usually statutory.
The Latin term which describes consent by the claimant, which is a complete defence.