Law of Tort

Lecture 1 Prepared By: Priscilly J.Edison

Introduction to Tort
1.

2.

3. 4.

What is tort law Difference from other branches criminal and contract. Sources and development Aims of tort law

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What is Tort Law ?

Read Definition/ description from Winfield , Street , Steele and Prosser. Review Underline the essential elements and consider ; answer this question For what is liability imposed?.......... Against whom is liability imposed?........... What is the redress given ?..............

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What is Tort Law? Winfield

Tortious liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.
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What is tort law? - Street

Tort is that branch of the civil law relating to obligations

imposed by the operation of law on all natural and

artificial persons. It concerns the basic duties one person owes to another outside of a contract or the obligations triggered by an unjust enrichment. It enables the person to whom the duty is owed to pursue a remedy on his own behalf where breach of one of those duties infringes his interests to as degree recognised by the law as such an infringement.
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What is tort law? -Steele

Torts are wrongs. To be slightly more precise, torts are

civil wrongs for which law will provide a remedy.

This remedy will be enforceable against one party, to the benefit of the other, and it will reflect (and perhaps

correct) the wrong committed. There are other civil

wrongs which are not torts, notably breaches of contract and of equitable obligation. Torts make up the most diverse bunch of civil wrongs in English law, protecting a wide range of interests against different types of invasion.
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What is tort law?

Prosser
Tort is a term applied to a miscellaneous and more or

less unconnected group of civil wrongs other than

a breach of contract for which a court of law will afford a remedy in the form of an action for damages. The law of torts is concerned with the compensation of losses suffered by private individuals in their

legally protected interests, through conduct of others

which is regarded as socially unreasonable.
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What is Tort Law ?

Consider Who imposes the liability ? Q to reflect

How loss caused ? Type of loss caused ? Who is the Claimant ? will affect Q on duty of care .

Against whom is liability imposed (defendant) and against whose favour (claimant) ?

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Tort Law and other Branches of Law

Tort Parties Court Standard of proof Objects/Aims Imposed by
Individual v Individual

Crime
State v Individual

Civil
Balance of Probabilities

Criminal
Beyond Reasonable Doubt

Compensation
Law
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Prevention/ deterrence Law

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Tort and Contract

Contract Basis of obligation Interest protected Base of Liability Type of loss protected
Agreement Interest based on terms of contract

Tort
Law Imposed by law

Breach of terms of contract

Loses accrued due to breach of terms of contract (civil)
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Breach of law
Losses accrued due to breach of law (civil)
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Sources and Development

Forms of actions Until Common Law Procedure Act 1852 and Judicature Act 1875 Claimant can only sue on an existing writ within an established form of action. If fall outside the form no common law remedy. Tort law history is derived from form of action approach.
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Sources and Development

Trespass, case and fault. What is direct injury as opposed to indirect injury? Example? .

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Sources and Development

Writ of trespass only for direct injury (trespass to person)( actionable per se ) Writ action on the case for indirect injury (negligence) Maitland phrase :The forms of action we have buried but they still rule us from their graves. ( see in nuisance and trespass to land distinction).( proof of damage requirements)

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Fault and Expansion

Fault based where the D is to be blamed - Emphasis on D blameworthiness than C injury. Negligence where D having a duty to C failed to act reasonably to prevent harm to C (breach duty of care) D is said to be at FAULT. (duty and damage assumed proven). Intentional torts battery , trespass , assault and false imprisonment.
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Expansion Sources Common Law and Statute

The rise of negligence. Donoghue v Stevenson (1932) foundation of the general law of negligence . Tort a creature of common law developed by courts by setting out criteria to be established before it comes under a certain tort trespass/nuisance, defamation/negligence/intentional torts.
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Expansion
Among Statutes relevant to study. Contributory Negligence Act.(where C at fault in contributing to own injury) Civil Liability Contribution Act.(where more than one D is liable) Defamation Act . Damages Act . Human Rights Act .
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Aims of Tort Law

Appease Justice Deter Compensate

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Tort and Torts ; A general Principle of Liability?

What do you mean by a general principle of liability ? One criteria for all type of harm inflicted In Law of Tort is there one set of criteria which is consistent? In the subset of Negligence tort . Negligence criteria duty , breach and damage.
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Even here there are variables that affect liability who is the D , what type of harm caused (physical injury , economic loss or pure economic loss) and how was the harm caused (act or omission) .

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Tort and Torts ; A general Principle of Liability?

Types of tort(s) e.g. nuisance, trespass to person, defamation , negligence, trespass to land and Rylands v Fletcher. Different torts 1. different mental state 2. Different rules and principles on liability 3. Different criteria to be established to satisfy cause of action. QUIZ So is there a law of tort or torts? Why ?
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Types of Damages
Compensatory To place C back into position as if damage never occurred. (Atiyah comment on pain and suffering)P6 Exemplary Nominal Paid to punish the D and deter others Ct condemnation of D conduct . Usually for actionable per se where no damage suffered but to vindicate the right

Contemptuous A Technical breach of C rights but court want to mark disapproval of C conduct by awarding a small sum.
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Other Forms of Compensation.

Insurance Workers Compensation Social Security.

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Summary Points

No clear or settled definition. Description, examples , aims will help in understanding what tort law is. Tort is concerned primarily with common law but there are some important statute Purpose of tort law can sometimes conflict

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Summary Points

Difficult to identify a general principle underlying tort law . There are different torts each with different rules and principles regarding liability. Importance of decided cases and facts sensitivity

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Summary Points

Role of damages : usually compensatory but can be punitive in rare cases. Major controversies surrounding the cost and functioning of tort ; the role of insurance ; the effects of human rights and the perceived rise of a compensation culture.
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