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Law of tort notes
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Lecture notes of 2 pages for the course Law Of Tort at UoS (Law of tort notes)
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26/09/2018Introduction
What is law of tort?
It’s a part of civil law. A wrongful act or an infringement of a right (other than under
contract) leading to legal liability. This breach is usually towards a person and an example of
a tortious liability (responsabilidad civil) it's a negligence.
What is a tort?
Tort protects fundamental interests and determines which human interests are so
fundamental that the law should recognise. It provides a remedy to those whose interests
are violated by others.
Tort is imposed to everyone, from above. The main reason to sue is compensation
(indemnización).
Who brings the claim?
Whilst tort has some similarities with criminal law (obligations are fixed by law) tort is
part of English civil law (other examples are contract law and land law). The civil courts
(County Court or High Court at first instance) provide a venue (lugar de encuentro) in which
disputes can be adjudicated (juzgadas), but it is up to the claimant to bring the claim – there
is no equivalent to the state funded police (to investigate) and Crown Prosecufgggtion
Service in civil law. The parties have to do everything for themselves and, if they retain
lawyers to assist them, this can be extremely expensive. Most tort claims do not reach trial
stage but are settled by means of negotiation between the parties/their lawyers. Complex
tort claims can take months or years to investigate and prepare for trial (or settlement).
27/09/2018
Why sue in tort?
There is 3 main reasons: an award on damages or monetary compensation, another
remedy like an injunction (mandato) or another reason like ‘day in court’.
An injunction is a court order stating that a company must do something or seize
from doing a certain action. Injunctions are often granted when monetary damages are
not sufficient to remedy a given situation. For example, an industrial plant dumping waste
into a lake may be served an injunction to stop that activity.
Case: Donoghue v Stevenson (1932) AC 562
Why people dont sue?
● Cost – Legal costs on average can be anywhere between 50% and 175% of the
value of the claim (e.g. Report of the Review on Civil Justice 1988). Loser usually
ordered to pay the costs of the winner (as well as having to pay their own)
● Stress and delay – tort claims can take many months to a few years to reach
resolution.
● Most claims do not reach court but are either settled by negotiation or abandoned.
The purpose of tort damages is to put the claimant in the same position as they were before
the damage was made. (Livingstone v Raywards Coal Co (1880) 5 App Cas 25)
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