UNIT 1: FOUNDATIONS OF TORT LAW
1. What Is Tort Law? (Detailed Summary)
Tort law is the branch of private law that deals with civil wrongs. Its purpose is to
compensate individuals who suffer harm due to another’s wrongful conduct. Unlike
criminal law, which punishes offenders, tort law focuses on:
• Compensation
• Deterrence
• Corrective justice
• Loss distribution
Key Functions of Tort Law
• Provides remedies for harm
• Encourages safer behaviour
• Allocates risk fairly
• Protects bodily integrity, property, and economic interests
📘 UNIT 1 CORE TOPICS (DETAILED)
TOPIC 1: ELEMENTS OF NEGLIGENCE
Negligence is the most important tort. To succeed, a plaintiff must prove:
1. Duty of Care
2. Breach of Duty
3. Causation (factual + legal)
4. Damage
5. No applicable defences
⭐ 1. DUTY OF CARE (Deep Summary)
Duty of care asks: Does the defendant owe the plaintiff a legal obligation to take
reasonable care?
, Historical Development
• Donoghue v Stevenson established the modern duty of care.
• Introduced the “neighbour principle”:
You must take reasonable care to avoid acts or omissions which you can reasonably
foresee would likely injure your neighbour.
Modern Approach
Courts consider:
• Foreseeability of harm
• Proximity between parties
• Whether it is fair, just, and reasonable to impose a duty
• Policy considerations
Categories of Duty
• Manufacturer → consumer
• Doctor → patient
• Driver → road users
• Teacher → student
• Occupier → visitor
⭐ IRAC CASE BRIEF: Donoghue v Stevenson (1932)
Issue:
Did the manufacturer owe a duty of care to a consumer who did not purchase the
product directly?
Rule:
A manufacturer owes a duty to the ultimate consumer if harm is reasonably
foreseeable.
Application:
Stevenson produced ginger beer with a decomposed snail inside. Donoghue consumed
it and became ill. Even though she did not buy the drink herself, the manufacturer
should have foreseen that consumers rely on the product being safe.
1. What Is Tort Law? (Detailed Summary)
Tort law is the branch of private law that deals with civil wrongs. Its purpose is to
compensate individuals who suffer harm due to another’s wrongful conduct. Unlike
criminal law, which punishes offenders, tort law focuses on:
• Compensation
• Deterrence
• Corrective justice
• Loss distribution
Key Functions of Tort Law
• Provides remedies for harm
• Encourages safer behaviour
• Allocates risk fairly
• Protects bodily integrity, property, and economic interests
📘 UNIT 1 CORE TOPICS (DETAILED)
TOPIC 1: ELEMENTS OF NEGLIGENCE
Negligence is the most important tort. To succeed, a plaintiff must prove:
1. Duty of Care
2. Breach of Duty
3. Causation (factual + legal)
4. Damage
5. No applicable defences
⭐ 1. DUTY OF CARE (Deep Summary)
Duty of care asks: Does the defendant owe the plaintiff a legal obligation to take
reasonable care?
, Historical Development
• Donoghue v Stevenson established the modern duty of care.
• Introduced the “neighbour principle”:
You must take reasonable care to avoid acts or omissions which you can reasonably
foresee would likely injure your neighbour.
Modern Approach
Courts consider:
• Foreseeability of harm
• Proximity between parties
• Whether it is fair, just, and reasonable to impose a duty
• Policy considerations
Categories of Duty
• Manufacturer → consumer
• Doctor → patient
• Driver → road users
• Teacher → student
• Occupier → visitor
⭐ IRAC CASE BRIEF: Donoghue v Stevenson (1932)
Issue:
Did the manufacturer owe a duty of care to a consumer who did not purchase the
product directly?
Rule:
A manufacturer owes a duty to the ultimate consumer if harm is reasonably
foreseeable.
Application:
Stevenson produced ginger beer with a decomposed snail inside. Donoghue consumed
it and became ill. Even though she did not buy the drink herself, the manufacturer
should have foreseen that consumers rely on the product being safe.
