Introduction to Tort Law
This can be used when analysing a
problem question
Who can sue whom, in what tort, for what
damage and are there any defences?
The term damages here refers to the
harm which the defendant has suffered
e.g. negligence
Take into consideration that each tort has
its own requirements
Cane states that:
‘To provide guidance to individuals about how they may and ought to behave in their
interactions with others and to provide protection for certain interest of individuals’
Provide Guidance Protection for certain
Is individuals
‣ This is what tort law should do ‣ Tort will not protect every interest that we have
‣ Cases should be clear in guidance that ‣ Damage relates to interest
they provide for future behaviour ‣ Which interests aren’t protected and why?
Tort derives from the word tortum
which is Latin for ‘wrong’ or ‘injustice’
‘A tort is as species of wrong. A wrong is a breach of
a duty owed to someone else. A breach of duty owed
to someone else is an infringement of a right they have
A duty owed within the relationship against the tortfeasor.’ - Stevens, Torts and Rights
between the individuals
Branches of Tort Law
Torts protecting a person’s physical and mental well-being Torts protecting a persons property interest
‣ Trespass to the person ‣ Private nuisance
‣ Negligence ‣ Negligence
‣ Occupier’s Liability ‣ Trespass to Land
Torts protecting personality interests
‣ Defamation
Not covered in this module
‣ Harassment
This can be used when analysing a
problem question
Who can sue whom, in what tort, for what
damage and are there any defences?
The term damages here refers to the
harm which the defendant has suffered
e.g. negligence
Take into consideration that each tort has
its own requirements
Cane states that:
‘To provide guidance to individuals about how they may and ought to behave in their
interactions with others and to provide protection for certain interest of individuals’
Provide Guidance Protection for certain
Is individuals
‣ This is what tort law should do ‣ Tort will not protect every interest that we have
‣ Cases should be clear in guidance that ‣ Damage relates to interest
they provide for future behaviour ‣ Which interests aren’t protected and why?
Tort derives from the word tortum
which is Latin for ‘wrong’ or ‘injustice’
‘A tort is as species of wrong. A wrong is a breach of
a duty owed to someone else. A breach of duty owed
to someone else is an infringement of a right they have
A duty owed within the relationship against the tortfeasor.’ - Stevens, Torts and Rights
between the individuals
Branches of Tort Law
Torts protecting a person’s physical and mental well-being Torts protecting a persons property interest
‣ Trespass to the person ‣ Private nuisance
‣ Negligence ‣ Negligence
‣ Occupier’s Liability ‣ Trespass to Land
Torts protecting personality interests
‣ Defamation
Not covered in this module
‣ Harassment
