Lecture 1- Intro to Tort

8/12/2019 Lecture 1- Intro to Tort

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Lecture 1

Prepared By: Priscilly J.Edison

Law of Tort


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Priscilly J Edison 2

Introduction to Tort

1. What is tort law

2. Difference from other branches criminaland contract.

3. Sources and development

4. 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 andconsider ; answer this question

For what is liability imposed?..........

Against whom is liability imposed?...........

What is the redress given ?..............


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TPriscilly J Edison 5

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 anotheroutside 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 wrongsfor 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.

Torts Lecture Autumn 11 - 12McNamara & Priscilly J Edison 6


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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 theirlegally 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 LawTort Crime

Parties Individual vIndividual

State v Individual

Court Civil Criminal

Standard ofproof

Balance ofProbabilities

Beyond ReasonableDoubt

Objects/Aims Compensation Prevention/deterrence

Imposed by Law Law



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Tort and Contract

Contract Tort

Basis ofobligation

Agreement Law

Interestprotected

Interest based onterms of contract

Imposed by law

Base of

Liability

Breach of terms ofcontract

Breach of law

Type of loss

protected

Loses accrued due tobreach of terms ofcontract (civil)

Losses accrued dueto breach of law(civil)



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Sources and Development

Forms of actions

Until Common Law Procedure Act 1852 andJudicature Act 1875Claimant can only sue

on an existing writ within an established formof action.

If fall outside the form no common law

remedy. Tort law history is derived from form of

action approach.



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riscilly J Edison 12


Trespass, case and fault.

What is direct injury as opposed toindirect injury?

Example? .


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Writ of trespassonly 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 landdistinction).( proof of damage requirements)


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Fault and Expansion

Fault basedwhere the D is to be blamed- Emphasis on D blameworthiness than Cinjury.

Negligencewhere D having a duty to Cfailed to act reasonably to prevent harmto C (breach duty of care)D is said to be at

FAULT. (duty and damage assumed proven). Intentional tortsbattery , 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 ofnegligence .

Tort a creature of common lawdeveloped by courts by setting out criteriato be established before it comes under acertain torttrespass/nuisance,defamation/negligence/intentional torts.



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Expansion

Among Statutes relevant to study.

Contributory Negligence Act.(where C atfault in contributing to own injury)

Civil Liability Contribution Act.(where morethan 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 isconsistent? In the subset of Negligence tort .

Negligencecriteria

duty ,

breach and

damage.


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Even herethere are variables that affectliabilitywho is the D, what type of harmcaused(physical injury , economic loss or

pure economic loss) and how was theharm caused(act or omission) .



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Tort and Torts ;

A general Principle of Liability?

Types of tort(s)e.g. nuisance, trespass toperson, defamation , negligence, trespass toland and Rylands v Fletcher.

Different torts1. 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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Compensatory To place C back into position as if damagenever occurred. (Atiyah commentonpain and suffering)P6

Exemplary Paid to punish the D and deter othersCt condemnation of D conduct .

Nominal Usually for actionable per se where nodamage suffered but to vindicate the

rightContemptuous A Technical breach of C rights but court

want to mark disapproval of C conduct byawarding a small sum.

Types of Damages


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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 principleunderlying tort law . There are differenttorts each with different rules and

principles regarding liability.

Importance of decided cases and factssensitivity


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Summary Points

Role of damages : usually compensatorybut can be punitive in rare cases.

Major controversies surrounding the costand functioning of tort ; the role ofinsurance ; the effects of human rightsand the perceived rise of a compensationculture.

Lecture 1- Intro to Tort

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