Nature of a Tort

Q1.

1.

The nature of a Tort

Definition

Tort law, like other areas of the common law, has developed over many centuries. It has not been substantially transferred into legislation, apart from statutory duties like occupiers’ liability and liability for defective products, and therefore remains very much a function of judicial precedent. The word “tort” comes from the Latin word, tortum, and means a civil wrong commited between private parties as opposed to a criminal wrong, which is redressible by an action for damages and which is other than a mere breach of contract or breach of trust. The wrong could be because of an intentional act, but more usually is due to unintentional harm or injury caused to a party. The civil wrong arises as a result of breach of a duty imposed by law. Some duties are laid down by legislation; others are found in the common law. The normal remedy is compensation and the guiding principle for the court is to put the injured party in the position they would have been had the tort not taken place. This can be difficult to measure and legistlation has been put in place to provide guidelines for the division of liability and the assessment of damages. In addition, in certain cirumstances the appropriate remedy can be in the form on an injuction. 2. Causes of Action

Before a person can sue another in tort, he usually has to fit the facts of the case into the framework of a recognised cause of action. There are two principal forms of actions in torts. These are actions in trespass and actions in negligence. Like other branches of law, the law of torts protects specific interests, these include: • • • • 3. (a) personal security (through the torts of trespass and negligence); (b) personal reputation (through the tort of defamation); (c) property rights (through trespass and conversion); and (d) economic and financial interest (through trespass and conversion). Burden of Proof, Liability and Causation

3.1 Burden of Proof In most cases...