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Lecture notes Introduction to the tort of negligence Principles of Tort Law
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First year lecture notes for; the Introduction to the tort of negligence – Law of Torts. Summary/ information of Law of Torts.

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  • July 6, 2023
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  • 2022/2023
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Introduction to the tort of negligence – Law of Torts.

Latin word for tortus = wrong/ injustice and French word for tortus = broken/ twisted

Torts are concerned with wrongful behaviour and is a part of many legal systems: In
Scotland and Germany it’s called ‘delict,’ in France its ‘responsabilite civile’.

Tort is a part of law obligations which tells us when others are liable to us, and tort is largely
concerned with providing a remedy to people harmed by others.

What is Tort Law?
A tort may be defined as an act or omission, by the defendant that causes damage, to the
claimant and involves harm of a type that is recognised as creating legal liability. –

‘Tort Law is not just, or indeed primarily concerned with harm as much as it is with rights…’
– (Kirsty Horsey and Erica Rackley Tort Law)

‘A wrongful act or omission for which compensation or other remedy can be awarded to the
claimant or the person aggrieved, against the defendant or tort feaser.’ – (Rachael
Mulheron Principles of Tort Law)


Protects:
 Bodily Harm
 Physical and emotional harm
 Privacy - in connection to human rights
 Defamation - protecting the reputation of individuals
 Protection against property - trespassing
 Financial / economic loss; protection of businesses

Contract Law v Tort
(Donoghue v Stevenson) Donoghue went to a café and bough a ginger ale. This drink
contained a decomposed snail. Due to this she suffered from personal injury which was a
shock and severe gastro-enteritis.
The question that arised in the House of Lords was if the manufacturer owed Mrs Donoghue
a duty of care. She claimed against the manufacturer and was successful in doing so. This
resulted in the establishment of modern law negligence. – this is an example of a case part
of both contract and tort law.
Contract:
 Duty arises out of an agreement between parties.
 Duties generally owed only to other contracting party (in personam).
 Aims to enforce promises.
 Compensates for the disappointment of expectations.
for claims for a breach of contract, a claimant is entitled to the benefit of the contract and
entitled, therefore, to be placed in the position so far as money can do so, in which he
would have been if the contractual obligation had been properly performed. (Lord Scott in
Reed v Darlington memorial hospital NHS trust 2004).

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