What is Tort?
➢ People concerned have suffered harm, injury or loss because of another person’s
wrongdoing
○ Word ‘tort’ therefore means ‘wrong’
➢ Tort involves the infringement of a legal right and it gives rise to a claim in the civil courts
➢ Person who commits a tort is called a ‘tortfeasor’ and his liability is described as tortious
➢ Examples of tort
○ Negligence (by the surgeon)
○ Nuisance
○ Trespass (actionable per se)
○ Libel
○ Negligence
L
Distinctions between Tortious and Criminal Actions
Tort Criminal
GD
Tort claims are brought by the injured person who
will be seeking a remedy to compensate him
Main function of tort claim is compensation of the
victim
Tort cases are dealt with by the civil courts
Criminal actions are usually brought by a public
official rather than the victim
Main function of criminal proceedings is punishment
of the offender
Criminal cases are dealt with by the criminal courts
Tort Distinguished by Contract
Similarities
ce
Both are civil claims which will be brought in the county court or High court
Claimants in both contract and tort actions will usually seek damages as the principal remedy
Principle function are similar, namely to compensate the claimant for the loss suffered due to the defendant’s
wrongdoing
A
Differences
Tort Contract
Liability does not depend on any consensus Parties obligations are fixed by the terms of contract
between the parties, it is determined by rules which
dictate whether the defendant’s wrongdoing
constitutes a tort
Potential scope of liability is much wider, obligations Contractual relationship between a claimant and a
in tort are imposed by law, they are owed to the defendant before a claim for breach of contract can
world at large and are not dependant on an arise, means that only the parties to the contract can
agreement between the parties sue
,Obligations in tort are imposed on a defendant by Obligations in contract law are generally said to be
law voluntarily undertaken in the sense that the parties
agree to enter into the contract
Aim of damages in tort is to put the claimant back Aim of contract damages is to put the claimant into
into the position he would have been in had the tort the position he would have been in had the contract
had not been committed been properly performed
Functions of the law of Tort
Compensation
Main reason people use tort is to claim compensation for the injury or loss they have suffered
L
Deterrence
Potential liability in tort may have a deterrent effect if finding of negligence against the defendant
could adversely affect his commercial or professional reputation
Justice
Justice has two aspects GD
1) Retribution against the wrongdoer
➢ Wrongdoers will rarely pay the damages out of their own pockets, rather, their
insurance companies will foot the bill
2) Compensation for the victim
Vindication of Rights
The claimants may wish to make a ‘point of principle’ or initiate an investigation, or to provoke
the authorities into acting
ce
The Range and Scope of Tort Law
Consider the influence of human rights on tort law (Human Rights Act 1998)
Different Types of Harm
Claimant must show that the loss of injury he has suffered is a type of harm recognised by the
A
existing law of tort, or he must persuade the courts to extend the law so as to protect him
Policy Limitations on the Protection of Tort Law
If no duty is owed, the claimant has no remedy
Limitations of a Claim in Tort
Osman v Ferguson
- Public policy arguments may preclude a claim in negligence against the police
Tort and Human Rights
HRA 1998 s6
, ➢ unlawful for a public authority to act in a way which is incompatible with a Convention
right
HRA 1998 s7
➢ Allows a victim of such breach to bring proceedings against the public authority
HRA 1998 s8
➢ Gives the court power to award a remedy for such breach
HRA 1998 s8(3)
➢ Remedy may include an award of damages provided that the court is satisfied a
payment of damages is necessary to afford just satisfaction to the victim
So where the defendant is a public body, the HRA 1998 may sometimes provide a direct
alternative to a claim in tort
L
Defamation, privacy and human rights
Defamation
➢ One of the problems addressed buy the law of defamation is how to balance conflicting
rights
GD
➢ Often needs to strike a balance between the rights enshrined in ECHR Article 10
(Freedom of Speech) and ECHR Article 8 (Respect for Private and Family Life)
How Tort Works?
Who does what in a Tort Claim?
ce
In all established torts, the law has developed a number of elements that the claimant must
prove
A
The defendant can raise a number of defenses
The burden of proving that a defendant has committed a tort lies with the claimant, the burden
of establishing a defense lies with the defendant
In civil cases, the claimant must prove his case ‘on the balance of probabilities’
Miscellaneous Issues
1) Parties
➢ An individual can sue or be sued by anyone
, ○ Anyone who is under 18 years of age can sue or be sued but will conduct
the litigation thought a ‘litigation friend’ (often a parent of guardian)
● Parents are not liable legally or financially for the torts of their
children (not financially worth beginning a claim against a child
defendant)
➢ A limited company (Ltd) has its own legal personality and can sue or be sued in
its corporate name
➢ Partnerships (firms) are merely collections of individuals with no legal personality,
procedural litigation rules allow them also to sue or be sued in their partnership
name
➢ When a person dies, any claim that he had in tort or any claim against him
survives and is taken over by his personal representatives
2) Limitation Period
L
➢ Any claim in tort must be commenced within certain time limits, they are found in
the Limitation Act 1980
➢ For tort, the limitation period is generally 6 years from when the cause of arise
GD
(which is usually when damages occurs)
➢ For a claim for defamation, must be brought within one year of the publication of
the defamatory statement
➢ Any claim for personal injuries must be brought within 3 years of date of injury
➢ When a child is the claimant, the relevant period of time does not start to run until
the child reaches 18 years of age
3) Vicarious Liability
➢ When an employee commits a tort in the course of his employment then the law
allows any injured party to sue the tortfeasor’s employer as well as or instead of
the employee himself
ce
The Tort of Trespass to the Person
Trespass to the person is an umbrella term used to describe three separate torts which share a
common historic origin, namely assault, battery and false imprisonment
➢ Both assault and battery require intentional conduct
★ Letang v Cooper [1964] 2 All ER 929
○ If the defendant’s actions are only careless (negligent) then the claimant
A
should sue in the tort of negligence
➢ Trespass to the person is also ‘actionable per se’
★ Means that claimant need not prove any tangible physical harm in order to sue
Definitions of Assault and Battery
Battery
➢ The intentional direct applicable of unlawful force to another person
➢ To hit someone
Assault
➢ An intentional act by the defendant that causes another person to reasonably apprehend
the immediate infliction of a battery upon him
➢ People concerned have suffered harm, injury or loss because of another person’s
wrongdoing
○ Word ‘tort’ therefore means ‘wrong’
➢ Tort involves the infringement of a legal right and it gives rise to a claim in the civil courts
➢ Person who commits a tort is called a ‘tortfeasor’ and his liability is described as tortious
➢ Examples of tort
○ Negligence (by the surgeon)
○ Nuisance
○ Trespass (actionable per se)
○ Libel
○ Negligence
L
Distinctions between Tortious and Criminal Actions
Tort Criminal
GD
Tort claims are brought by the injured person who
will be seeking a remedy to compensate him
Main function of tort claim is compensation of the
victim
Tort cases are dealt with by the civil courts
Criminal actions are usually brought by a public
official rather than the victim
Main function of criminal proceedings is punishment
of the offender
Criminal cases are dealt with by the criminal courts
Tort Distinguished by Contract
Similarities
ce
Both are civil claims which will be brought in the county court or High court
Claimants in both contract and tort actions will usually seek damages as the principal remedy
Principle function are similar, namely to compensate the claimant for the loss suffered due to the defendant’s
wrongdoing
A
Differences
Tort Contract
Liability does not depend on any consensus Parties obligations are fixed by the terms of contract
between the parties, it is determined by rules which
dictate whether the defendant’s wrongdoing
constitutes a tort
Potential scope of liability is much wider, obligations Contractual relationship between a claimant and a
in tort are imposed by law, they are owed to the defendant before a claim for breach of contract can
world at large and are not dependant on an arise, means that only the parties to the contract can
agreement between the parties sue
,Obligations in tort are imposed on a defendant by Obligations in contract law are generally said to be
law voluntarily undertaken in the sense that the parties
agree to enter into the contract
Aim of damages in tort is to put the claimant back Aim of contract damages is to put the claimant into
into the position he would have been in had the tort the position he would have been in had the contract
had not been committed been properly performed
Functions of the law of Tort
Compensation
Main reason people use tort is to claim compensation for the injury or loss they have suffered
L
Deterrence
Potential liability in tort may have a deterrent effect if finding of negligence against the defendant
could adversely affect his commercial or professional reputation
Justice
Justice has two aspects GD
1) Retribution against the wrongdoer
➢ Wrongdoers will rarely pay the damages out of their own pockets, rather, their
insurance companies will foot the bill
2) Compensation for the victim
Vindication of Rights
The claimants may wish to make a ‘point of principle’ or initiate an investigation, or to provoke
the authorities into acting
ce
The Range and Scope of Tort Law
Consider the influence of human rights on tort law (Human Rights Act 1998)
Different Types of Harm
Claimant must show that the loss of injury he has suffered is a type of harm recognised by the
A
existing law of tort, or he must persuade the courts to extend the law so as to protect him
Policy Limitations on the Protection of Tort Law
If no duty is owed, the claimant has no remedy
Limitations of a Claim in Tort
Osman v Ferguson
- Public policy arguments may preclude a claim in negligence against the police
Tort and Human Rights
HRA 1998 s6
, ➢ unlawful for a public authority to act in a way which is incompatible with a Convention
right
HRA 1998 s7
➢ Allows a victim of such breach to bring proceedings against the public authority
HRA 1998 s8
➢ Gives the court power to award a remedy for such breach
HRA 1998 s8(3)
➢ Remedy may include an award of damages provided that the court is satisfied a
payment of damages is necessary to afford just satisfaction to the victim
So where the defendant is a public body, the HRA 1998 may sometimes provide a direct
alternative to a claim in tort
L
Defamation, privacy and human rights
Defamation
➢ One of the problems addressed buy the law of defamation is how to balance conflicting
rights
GD
➢ Often needs to strike a balance between the rights enshrined in ECHR Article 10
(Freedom of Speech) and ECHR Article 8 (Respect for Private and Family Life)
How Tort Works?
Who does what in a Tort Claim?
ce
In all established torts, the law has developed a number of elements that the claimant must
prove
A
The defendant can raise a number of defenses
The burden of proving that a defendant has committed a tort lies with the claimant, the burden
of establishing a defense lies with the defendant
In civil cases, the claimant must prove his case ‘on the balance of probabilities’
Miscellaneous Issues
1) Parties
➢ An individual can sue or be sued by anyone
, ○ Anyone who is under 18 years of age can sue or be sued but will conduct
the litigation thought a ‘litigation friend’ (often a parent of guardian)
● Parents are not liable legally or financially for the torts of their
children (not financially worth beginning a claim against a child
defendant)
➢ A limited company (Ltd) has its own legal personality and can sue or be sued in
its corporate name
➢ Partnerships (firms) are merely collections of individuals with no legal personality,
procedural litigation rules allow them also to sue or be sued in their partnership
name
➢ When a person dies, any claim that he had in tort or any claim against him
survives and is taken over by his personal representatives
2) Limitation Period
L
➢ Any claim in tort must be commenced within certain time limits, they are found in
the Limitation Act 1980
➢ For tort, the limitation period is generally 6 years from when the cause of arise
GD
(which is usually when damages occurs)
➢ For a claim for defamation, must be brought within one year of the publication of
the defamatory statement
➢ Any claim for personal injuries must be brought within 3 years of date of injury
➢ When a child is the claimant, the relevant period of time does not start to run until
the child reaches 18 years of age
3) Vicarious Liability
➢ When an employee commits a tort in the course of his employment then the law
allows any injured party to sue the tortfeasor’s employer as well as or instead of
the employee himself
ce
The Tort of Trespass to the Person
Trespass to the person is an umbrella term used to describe three separate torts which share a
common historic origin, namely assault, battery and false imprisonment
➢ Both assault and battery require intentional conduct
★ Letang v Cooper [1964] 2 All ER 929
○ If the defendant’s actions are only careless (negligent) then the claimant
A
should sue in the tort of negligence
➢ Trespass to the person is also ‘actionable per se’
★ Means that claimant need not prove any tangible physical harm in order to sue
Definitions of Assault and Battery
Battery
➢ The intentional direct applicable of unlawful force to another person
➢ To hit someone
Assault
➢ An intentional act by the defendant that causes another person to reasonably apprehend
the immediate infliction of a battery upon him
