Lecture notes
Introduction
- Module
- Law of Tort
- Institution
- University Of Sussex (UoS)
Lecture notes of 2 pages for the course Law of Tort at UoS (Introduction)
[Show more]
1 review
By: umerabibi • 3 year ago
Content preview
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller melindahogman. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £3.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
64438 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now