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Lecture notes of 2 pages for the course Law of Tort at UoS (Introduction)
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IntroductionTort
A wrongful act or an infringement of a right (other than under contract) leading to legal
liability.
What is tort?
‘Tortious liability arises from the breach of a duty primarily fixed by law; such duty is
towards persons generally and its beach is redressable by an action for unliquidated
damages’- Winfield, Province of the Law of Tort (1931).
E.g. negligence (the largest single area of tort law).
Defines the obligations imposed on one member of society to others.
Providing compensation for harms caused by breach of obligations.
Centrally concerned with accidents, loss adjustment, provision of compensation.
Protects fundamental interests.
Determines which human interests are so fundamental that the law should recognise
those interests and provide a remedy to those whose interests are violated by
others.
Who brings the claim?
Tort is part of English civil law.
Civil courts (County Court or High Court at first instance) provide a venue in which
disputes can be adjudicated.
It is up to the claimant to bring the claim.
There is no equivalent to the state funded police (to investigate) and Crown
Prosecution Service in civil law.
Parties have to do everything for themselves and, if they retain lawyers to assist
them, it can be very expensive.
The trial is the most expensive part, hence why most tort claims do not reach trial
stage but are settled by means of negotiation between the parties or their lawyers.
Knowledge of tort lawyers is very important as they decide, rather than a judge,
where liability lies and what is an acceptable value for the claim.
Complex tort claims can take months or years to investigate and prepare for trial (or
settlement).
Common Law Development
Tort is predominantly a common law (judge made law), only cases that reach trial
count towards this.
Nature of common law is such that the law can only develop by means of cases
brought before the courts, judges rely on parties choosing to sue and providing the
opportunity for legal development.
Donoghue v Stevenson (1932) AC 562- when Mrs Donoghue won her appeal to the
House of Lords, the decision established that producers of consumer goods are
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