Bermingham & Brennan: Tort Law Directions 
Guidance on answering problem and essay questions
Test bankBermingham & Brennan: Tort Law Directions
Glossary
[A] [B] [C] [D] [E] [F] [G] [H] [I] [J] [K] [L] [M] [N] [O] [P] [Q] [R] [S] [T] [U] [V] [W] [X] [Y] [Z]
A
abate
to put to an end or suppress.
abatement
a form of self-help. For example, an abatement of nuisance refers to steps taken by the claimant to remove or stop the nuisance. Abatement notices may be served by a local authority in respect of statutory nuisance.
actionable per se
without proof of damage.
annuity
an investment of money which will produce payments in the form of a series of equal sums over a certain period.
Attorney-General and relator actions
where the A-G has refused his consent to relator proceedings in the civil courts, a private citizen who asserts that the public interest is involved by threat of a breach of the criminal law has no right to go to the civil courts for a remedy either by way of injunction or a declaration.
automatism
this is the psychological state whereby someone is acting mechanically, without awareness; as in sleepwalking.
C
cause of action
a factual situation or the existence of a set of circumstances that gives rise to a legal claim and entitles one party to obtain a remedy against another.
D
damnum sine injuria
this Latin phrase describes the situation where harm is suffered but the claimant's interest is not one which is protected by the law of tort and so the claimant has no remedy in tort.
E
equitable remedy
as distinguished from one based in the common law. Remedies that originated in the Court of Exchequer Chamber, which was abolished in the late nineteenth century, were more discretionary and less precedent bound than those of the common law.
ex gratia
payment made as a favour, rather than on the basis of a legal obligation.
ex turpi causa (ex turpi causa non oritur actio)
this means that the law will not allow an action to proceed if it is based on an illegal cause.
H
horizontal effect
the application of human rights law to actions between individuals, in contrast to actions brought against public authorities.
I
interim injunction
an order which is temporary, until the issue can be determined at a full hearing. This was previously known as an interlocutory injunction.
intra vires
within the powers of a party to exercise such a power.
inviolate
free or protected from violation, injury, or desecration.
M
maxim
a general truth or rule of conduct.
misfeasance in public office
the tort allows an action in damages by one who is injured by the unlawful act, in bad faith, of the holder of public office.
misfeasance
wrongdoing.
mitigation
the process whereby an injured party takes steps to improve their position; for instance, seeking medical advice.
N
nominal damages
refers to a token sum of damages awarded by the court when a legal right has been infringed but where the claimant has suffered no substantial loss.
O
omissions
a failure to carry out a duty or to fulfil an act.
ostensible authority
apparent authority.
P
peripatetic
someone who travels from place to place in the course of their employment (or some other type of activity), such as a music teacher working in more than one school.
preliminary point of law
a particular issue in a case is decided without the court determining the ultimate issue in the case.
prima facie
'at first sight'; meaning that there is sufficient evidence to prove a case, unless it is disproved.
R
ratio
the reason for the decision.
relator
a private person at whose suggestion a legal action is commenced by the Attorney-General (as in the case of a matter of public interest, such as public nuisance).
restitutio in integrum
'restored to the original condition'; ie the payment of damages is intended to put the claimant back to his pre-tort position, as far as is possible.
restitutionary
a payment made in order to restore an unjust enrichment; distinguished from compensation.
S
soliciting
to seek to obtain something by persuasion or entreaty, or it can mean to approach a person with an offer of sexual services.
special damages
these will not be presumed, such as the loss of earnings or medical expenses. They must be stated and proved.
statutory provisions
a legal provision set out in an Act of Parliament or statutory instrument.
sting
the specific hurt or harm caused by the words.
strict liability
liability is imposed without the need that fault be proved.
striking-out action
A procedural tactic whereby one party applies to the court to strike out all or part of the other party's statement of case because it shows no reasonable grounds for bringing or defending the action.
subrogation
this process enables an insurer to sue a wrongdoer by taking on the rights of the insured party.
summary judgment
the court decides a particular issue without a full trial.
T
tortious
having the nature of a tort.
U
ultra vires
this Latin phrase means that someone is acting beyond the powers they have been given, in this case by legislation.
V
volens
the voluntary acceptance of a specific risk.
volenti (volenti non fit injuria)
the translation of this Latin phrase means 'something to which a person consents cannot be considered an injury'. Where a claimant gives his consent with prior knowledge of the risk involved there is a general defence in tort.
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