LLB102 Lecture Notes - Lecture 1: New Ferry, Myer, Queensland University Of Technology
Document Summary
Designed to provide a remedy for a civil wrong. Most common for is an award of damages/compensation or conjunction to make/stop someone doing something. Usually located within an existing category of action changes over time as situations and circumstances differ e. g. trying to introduce a torts law about privacy. Based upon the common law supplemented by legislation. Aims to exact a penalty to protect society as a whole. Torts law aims to compensate the victim of the wrongdoing. Enforces rights and obligations as agreed between parties. In torts it is the law that imposes expectations of conduct upon persons. It is possible that one situation can require call to action in different areas. Law of torts = protection of recognised interests. Actionable per se (do not have to prove you have suffered loss or damage to succeed) Onus of proving is on defendant to disprove fault (up to defendant to disprove rather than plaintiff to prove)
