Welcome to the Law of Tort!
Welcome to your journey into The Law of Tort. Don’t worry if the name sounds a bit strange at first—it actually comes from the Latin word 'tortus', which means 'twisted' or 'wrong'. In this chapter, we are going to look at the "Rules" that govern this area of law. You will learn how the law helps people who have been wronged by others to get things put right.
Think of Tort Law as the legal version of "you break it, you fix it." It’s a vital part of the English Legal System because it deals with the civil wrongs we encounter in everyday life, from car accidents to accidents at work.
1. What is an "Outline of the Rules" in Tort?
Before we dive into specific cases, we need to understand the "big picture." Tort law is a branch of civil law. Unlike criminal law, which is about the state punishing someone for a crime, tort law is about one person (or company) suing another to get compensation.
The Main Aims of Tort Law:
• Compensation: The primary goal is to provide a remedy (usually money) to the person who suffered a loss.
• Deterrence: By making people pay for their mistakes, it encourages everyone to be more careful in the future.
• Justice: It ensures that the person at fault is held responsible for the harm they caused.
Analogy: If a neighbor accidentally kicks a football through your window, they have committed a "tort." You don't want them to go to prison (Criminal Law); you just want them to pay for the new glass (Tort Law).
Quick Review: The Purpose
The goal of a tortious action is to put the claimant back into the position they would have been in if the "tort" had never happened. This is often called making the claimant "whole" again.
2. Who is Involved? (The Parties)
In every tort case, there are two main sides. It’s important to get these terms right from the start:
The Claimant: This is the person or organization that has suffered harm and is bringing the legal case to court.
The Defendant: This is the person or organization accused of causing the harm.
Did you know? The parties involved don't have to be just "regular people." The law recognizes two types of "persons":
• Natural Persons: Human beings like you and me.
• Legal Persons: Organizations like companies (e.g., Tesco or Apple) or local councils. A "legal person" can sue and be sued just like a human!
3. Understanding Tortious Liability
To win a case, the claimant must prove tortious liability. This means they must show the court that the defendant is legally responsible for the damage.
Proof of Fault
In most tort cases, the law requires proof of fault. This means the claimant must show that the defendant did something wrong—usually that they were negligent (careless).
Don't worry if this seems tricky! Just remember that usually, if something happens by pure "bad luck" with no one being careless, there might not be any liability. However, in some rare areas, the law uses Strict Liability, where a defendant can be responsible even if they weren't "at fault" or careless.
The Burden and Standard of Proof
In Tort Law, the rules about "proving it" are different from what you see in TV crime shows:
• Burden of Proof: It is the claimant's job to prove the case. The defendant doesn't have to prove they are innocent.
• Standard of Proof: The claimant must prove their case on the "balance of probabilities."
In mathematical terms, the claimant only needs to show that their version of events is more likely than not. We can think of it like this:
\( \text{Probability} > 50\% \)
This is much lower than the "beyond reasonable doubt" standard used in criminal courts!
4. Defences and Remedies
Even if a claimant proves the defendant was at fault, the story might not end there. The defendant can use defences to reduce their liability or escape it entirely.
Common Defences:
• Contributory Negligence: The defendant argues that the claimant was also partly to blame for their own injuries (e.g., not wearing a seatbelt in a car crash).
• Consent (Volenti non fit injuria): The defendant argues the claimant knew there was a risk and took it anyway (e.g., a boxer cannot sue their opponent for being punched during a match).
The Remedy:
The most common remedy is damages. This is a sum of money paid by the defendant to the claimant to compensate for physical injury, emotional distress, or damage to property.
5. Summary and Key Takeaways
Memory Aid: The "C.D.F." of Tort Rules
C – Claimant vs. Defendant (The parties).
D – Damages (The aim/remedy).
F – Fault (What usually needs to be proven).
Key Takeaways:
• Tort is a civil wrong, not a crime.
• The main aim is compensation (putting things back to normal).
• Both natural persons and legal persons (companies) can be involved.
• The claimant must prove the case on the balance of probabilities.
• Defendants can use defences to lower the amount of money they have to pay.
Common Mistake to Avoid: Never use the words "guilty" or "innocent" in a Tort essay! Those are for criminal law. In Tort, we use "liable" or "not liable."