Introduction to tort law
What is a tort?
› A tort may be defined as a civil
wrong (other than a breach of
contract or a breach of trust) for
which the normal remedy is an
action for unliquidated damages.
(damages for a party's breach
which have not been pre-
estimated) (McMahon and Binchy,
2013, [1.09])
› Cf Secretary of State for War v
Studdert [1902] 1 IR 375 (HL) affg
[1902] 1 IR 240 (CA).
What is tort law?
› An actionable civil wrong
› Tortum
› Derived from common law and statutory law
› Attempts to balance competing interests
› Regulates actions between private parties
Functions of torts
Feeney J in Flanagan v Houlihan [2011] IEHC 105
o “the law of tort has evolved in such a manner that its evolution has been used as a
device for identifying values, promoting safety and setting minimum standards of
acceptable behaviour in society.”
Unavoidable contact that occurs between people living together in society. What point does
that contact go to a wrong and therefore require legal remedy?
Lord Scott in Ashley v Chief Constable [2008] 1 AC 962, para. [17]-[18].
o Unlike criminal law the “main function of civil law is to identify and protect the rights
that every person is entitled to assert against, and require to be respected by, others.”
and to strike a balance between competing rights
Must be a legal injury and it most cases damage
Tort Law and Public Policy
› Corrective Justice: When there has been a wrong this wrong has to be corrected
› Deterrence: Does there need to be a duty of care in order to act as a deterrent?
What is a tort?
› A tort may be defined as a civil
wrong (other than a breach of
contract or a breach of trust) for
which the normal remedy is an
action for unliquidated damages.
(damages for a party's breach
which have not been pre-
estimated) (McMahon and Binchy,
2013, [1.09])
› Cf Secretary of State for War v
Studdert [1902] 1 IR 375 (HL) affg
[1902] 1 IR 240 (CA).
What is tort law?
› An actionable civil wrong
› Tortum
› Derived from common law and statutory law
› Attempts to balance competing interests
› Regulates actions between private parties
Functions of torts
Feeney J in Flanagan v Houlihan [2011] IEHC 105
o “the law of tort has evolved in such a manner that its evolution has been used as a
device for identifying values, promoting safety and setting minimum standards of
acceptable behaviour in society.”
Unavoidable contact that occurs between people living together in society. What point does
that contact go to a wrong and therefore require legal remedy?
Lord Scott in Ashley v Chief Constable [2008] 1 AC 962, para. [17]-[18].
o Unlike criminal law the “main function of civil law is to identify and protect the rights
that every person is entitled to assert against, and require to be respected by, others.”
and to strike a balance between competing rights
Must be a legal injury and it most cases damage
Tort Law and Public Policy
› Corrective Justice: When there has been a wrong this wrong has to be corrected
› Deterrence: Does there need to be a duty of care in order to act as a deterrent?
