Introduction to Tort Law

teachlawhub
2 days ago
8 min read

What Is Tort Law?

The word tort comes from an old French word meaning wrong. Tort law is an area of civil law that deals with situations where one person has suffered harm or loss because of another person's actions or failure to act.

For example, A driver is using their phone while driving and crashes into another person's car. The driver may have acted negligently. If the other person's car is damaged, the person may be able to bring a claim against the driver to receive compensation to cover the cost of the damage caused.

How Is Tort Law Different from Criminal Law?

Tort law is different from criminal law because the two areas of law have different purposes.

Criminal law deals with behaviour that the State considers to be wrong and harmful to society. For example, murder, theft and assault are criminal offences. The State prosecutes the defendant and, if they are found guilty, they can receive a criminal punishment such as a fine or imprisonment.

Tort law, on the other hand, mainly deals with wrongs that are committed against individuals. The purpose of tort law is to put the claimant in the position as if the tort/act had never occurred. This is usually achieved by giving compensation to the person that has suffered harm rather than giving a punishment to the defendant. The person who has suffered the harm, is known as the claimant, they bring a civil claim against the person that they believe is responsible, they are known as the defendant.

Let’s look at our original example, if a driver carelessly crashes into someone, the driver could potentially face criminal consequences if they have committed a driving offence. At the same time, the person whose car was damaged could bring a civil claim in tort to recover the cost of repairing their car or compensation for any injuries that were caused.

Therefore, the same incident can sometimes result in both a criminal case and a civil claim, but the purpose of each is different.

Who Is Involved in a Tort Case?

A tort case normally involves two main parties: the claimant and the defendant.

The claimant brings the case because they believe that the defendant has caused them damage. The claimant must prove that the defendant is legally responsible for the damage.

The defendant is the person or organisation that is being accused of causing the damage. They may argue that they are not legally responsible or that the claimant has not proved all the requirements of the particular tort.

In most tort law cases the claimant is trying to prove that they have suffered damage due to the defendant’s actions. Damage means the loss that has been suffered by the claimant because of the defendant's actions. This can include damage to property, financial damage or personal injury. For example, damage could be a broken car, the financial cost of repairing a building or an injury suffered in an accident.

In a civil case, the claimant must prove their case on the balance of probabilities. This means that the claimant must show that it is more likely than not that the defendant is liable. Liability means legal responsibility. If the defendant is found to be liable, they are legally responsible for the damage suffered by the claimant.

Unlike a criminal case, a tort case is not normally brought by the state to punish someone for committing a crime. Tort law is mainly concerned with resolving disputes between individuals, businesses and organisations and providing a remedy for the person who has suffered damage.

Which Courts Hear Tort Cases?

Tort cases are heard in the civil courts. The two main courts you will come across are the County Court and the High Court.

The County Court deals with the majority of civil claims, including many claims involving personal injury, negligence and property disputes.

The High Court deals with more complex or higher value civil cases. Some tort cases may therefore be heard in the High Court where the legal issues are complicated or the amount of money involved is significantly high.

If a party believes that a legal error has been made, a case may sometimes be appealed to a higher court.

Remember that tort cases are civil cases. The terminology is therefore different from criminal law. Instead of the prosecution bringing a case against a defendant, a claimant brings a claim against a defendant.

The Main Areas of Tort Law Explained:

There are several different areas of tort law that you are likely to study. Each area deals with a different type of wrong or damage.

Negligence:

Negligence is an area of tort law that involves claims between a claimant and a defendant where the claimant has suffered damage because of the negligent actions of the defendant.

Negligence happens when the defendant fails to act as a reasonable person would have acted in the situation, and this causes damage to the claimant.

We can identify a negligence claim in the example that we have looked at so far, in the example of a driver who is using their phone whilst driving and they are not paying attention to the road, so they crash into another person's car. A reasonable driver would not use their phone whilst driving. If the driver's actions cause an accident and damage the claimant's car and cause injuries to the claimant, the claimant may be able to bring a claim in negligence, allowing them to be compensated for the damage and injuries caused.

Negligence can involve many different types of damage, including personal injury, damage to property and some types of financial loss.

Occupiers' Liability Act 1957:

The Occupiers' Liability Act 1957 (OLA 1957) covers claims where a person is injured because of a danger that is on the premises that they are visiting.

The Act protects lawful visitors. A lawful visitor is someone who has permission to be on the premises and it allows them to bring a claim against the occupier of the premises, this is the person that has control of the premises and the person who should ensure that they are reasonably safe whilst visiting.

For example, a customer visits a supermarket and slips on a wet floor. If the supermarket has failed to take reasonable steps to make the area reasonably safe, the customer may be able to bring a claim under the OLA 1957.

The OLA 1957 therefore deals with claims involving injuries to lawful visitors caused by dangers on premises.

The premises could include a shop, restaurant, school, workplace, hotel or someone's home.

The key question is whether the occupier has taken reasonable care to make sure that lawful visitors are reasonably safe while using the premises.

Occupiers' Liability Act 1984:

The Occupiers' Liability Act 1984 (OLA 1984) covers claims where a person is injured by a danger on premises when they are not a lawful visitor.

This could include a trespasser. A trespasser is someone who enters land or premises without permission.

For example, a person finds a gap in the fence to private land, the person goes through the gap in the fence without permission and is injured by a dangerous feature on the property. In certain circumstances, the occupier may owe the person a duty under the OLA 1984.

The OLA 1984 therefore deals with cases when an occupier can be responsible for injuries suffered by people who are not lawful visitors.

It is important to remember that trespassers do not have exactly the same protection as lawful visitors. The Act only creates a duty in certain circumstances.

Private nuisance:

Private nuisance mainly deals with claims between neighbouring landowners or occupiers.

Private nuisance involves claims where the defendant's use of their land causes an unreasonable interference with the claimant's use or enjoyment of their land.

For example, imagine that a factory next to someone's home produces extremely loud noise throughout the night. The noise could interfere with the homeowner's ability to enjoy their property, and the homeowner could potentially bring a claim under private nuisance. They may seek an injunction to stop the factory being noisy at night.

Other examples could include excessive smells, smoke, vibrations or other forms of interference.

The key issue is whether the defendant's use of their land has created an unreasonable interference with the claimant's use or enjoyment of their land.

Rylands v Fletcher

Rylands v Fletcher is an area of tort law that covers claims between neighbours. This area of tort law can apply when the defendant brings something onto their land that is likely to cause damage if it escapes, and then this thing escapes and causes damage to the claimant’s land.

For example, if a company stores a large quantity of chemicals on its land and the chemicals escape onto neighbouring land, causing damage, the company may potentially be liable under Rylands v Fletcher.

This area of tort mainly deals with the escape of dangerous or potentially harmful things from the defendant's land onto the claimant's land, causing damage.

Vicarious liability:

Vicarious liability is an area of tort law where the claimant has suffered damage due to the actions of an employee (whilst they were carrying out their job), however instead of bringing a claim against the employee, they bring the claim against the employer of the employee.

For example, a delivery driver is carrying out their job and negligently crashes into another vehicle. The driver may have committed the tort of negligence. However, if the driver was acting in the course of their employment, their employer may also be vicariously liable.

The claimant could therefore bring a claim against the employer even though the employer did not personally commit the tort.

Vicarious liability is particularly important for businesses and employers. It can apply when an employee commits a tort while carrying out their work.

What Remedies Are Available?

If a claimant successfully proves their claim, the court can provide a remedy.

A remedy is what the court provides to the claimant when their claim is successful. The most common remedy in tort is compensatory damages, but other remedies, such as an injunction, may also be available.

A remedy is the way the court attempts to put the claimant right following the defendant's tort. The most common remedy in tort law is damages.

Damages:

Damages are a payment of money made to the claimant to compensate them for the damage they have suffered.

For example, if a defendant negligently crashes into the claimant's car and causes £2,000 worth of damage, the court may order the defendant to pay damages to compensate the claimant for the loss.

Damages can be used to compensate for different types of loss, including personal injury, damage to property and financial loss.

The basic idea is that the claimant should receive financial compensation for the damage caused by the defendant.

Injunctions:

An injunction is a court order telling someone to do something or stop doing something.

In tort law, an injunction can be particularly important where the claimant wants the defendant to stop continuing the behaviour that is causing the problem.

For example, imagine that a defendant is creating excessive noise that amounts to a private nuisance. Instead of simply receiving money, the claimant may want the defendant to stop or reduce the activity causing the nuisance. The court could potentially grant an injunction requiring the defendant to stop the harmful behaviour.

Therefore, damages usually provide financial compensation, while an injunction controls the defendant's behaviour by requiring them to do something or stop doing something.

Why Is Tort Law Important?

Tort law is important because it provides a way for people who have suffered damage to seek a legal remedy. It can encourage people and organisations to take reasonable care and provides compensation when someone has been injured, their property has been damaged, or their rights have been interfered with.

Click below to download the FREE TeachLaw student activity pack.