Tort Law - Introduction to the Law of Tort (Trespass to the person, Defamation
and the Action for Misuse of Private Information)
Tort: a civil wrong that involves the infringement of a legal right and gives rise to a
claim in the civil courts
- Damages are awarded to put C back in the position they would have been in had
the tort not been committed
Tortfeasor: someone who commits a tort, and therefore has tortious liability
The role of insurance in tort:
- Guarantees V gets compensation without having to rely on a successful tort
claim
- Indemnifies D from legal liability
Scope of tort law:
- C can only have a remedy in tort if they can show the type of harm suffered is
recognised by a tort, unless they can convince the court to extend the law
(Bradford Corporation v Pickles).
- Held:
- HoL refused to extend the law of tort to cover malicious use of
one's own land by sinking drainage holes to deplete C’s reservoir
- Followed in Wainwright v Home Office
- Facts:
- C strip searched which caused distress and embarrassment
- Complained of an interference with their privacy
- Held:
- Unsuccessful - court declined to extend the existing law to
provide a remedy for mere distress and embarrassment
- Policy limitations:
- Public policy arguments may preclude a claim in negligence against the
police (Osman v Ferguson).
- Instead, a claim can be brought against the police for breach of
Article 2 ECHR (right to life) (Van Colle)
- Held:
- Not successful on the facts - initially successful but
overturned on appeal
, - According to Osman v UK a positive obligation to
prevent death arises for public authorities only where
the authority knew, or ought to have known, of the
existence of a real and immediate risk to life - not
applicable here
How tort claims work
Burden of proof:
- C - must prove that D has committed a tort on the balance of probabilities
- D - must prove that a defence is applicable on the balance of probabilities
Parties:
Anyone can be sued, including:
- Children
- Those under 18 can sue or be sued, but conduct the litigation via a
‘litigation friend’ (normally a parent/guardian). Parents/guardians are not
liable legally or financially for their children’s torts.
- In principle a minor can be a defendant but it is unlikely that they
would be worth suing as they would not have funds to pay the
damages.
- Companies
- Ltd companies have separate legal personalities and can be sued or sue
themselves
- Partnerships can also sue or be sued in their partnership name
- Deaths
- When a person dies, any claim they have in tort or any claim against them
(except defamation) survives and is taken over by their personal
representatives
Time limits for tort claims - Limitation Act 1980:
- Normally, the limitation period is six years from when the cause of action arises
- Except:
- Defamation cases concerning the publication of defamatory statements - 1
yr
- Personal injury claims - within 3 yrs of the date of injury
- Children - the time period does not start to run until the child turns 18
Vicarious liability:
and the Action for Misuse of Private Information)
Tort: a civil wrong that involves the infringement of a legal right and gives rise to a
claim in the civil courts
- Damages are awarded to put C back in the position they would have been in had
the tort not been committed
Tortfeasor: someone who commits a tort, and therefore has tortious liability
The role of insurance in tort:
- Guarantees V gets compensation without having to rely on a successful tort
claim
- Indemnifies D from legal liability
Scope of tort law:
- C can only have a remedy in tort if they can show the type of harm suffered is
recognised by a tort, unless they can convince the court to extend the law
(Bradford Corporation v Pickles).
- Held:
- HoL refused to extend the law of tort to cover malicious use of
one's own land by sinking drainage holes to deplete C’s reservoir
- Followed in Wainwright v Home Office
- Facts:
- C strip searched which caused distress and embarrassment
- Complained of an interference with their privacy
- Held:
- Unsuccessful - court declined to extend the existing law to
provide a remedy for mere distress and embarrassment
- Policy limitations:
- Public policy arguments may preclude a claim in negligence against the
police (Osman v Ferguson).
- Instead, a claim can be brought against the police for breach of
Article 2 ECHR (right to life) (Van Colle)
- Held:
- Not successful on the facts - initially successful but
overturned on appeal
, - According to Osman v UK a positive obligation to
prevent death arises for public authorities only where
the authority knew, or ought to have known, of the
existence of a real and immediate risk to life - not
applicable here
How tort claims work
Burden of proof:
- C - must prove that D has committed a tort on the balance of probabilities
- D - must prove that a defence is applicable on the balance of probabilities
Parties:
Anyone can be sued, including:
- Children
- Those under 18 can sue or be sued, but conduct the litigation via a
‘litigation friend’ (normally a parent/guardian). Parents/guardians are not
liable legally or financially for their children’s torts.
- In principle a minor can be a defendant but it is unlikely that they
would be worth suing as they would not have funds to pay the
damages.
- Companies
- Ltd companies have separate legal personalities and can be sued or sue
themselves
- Partnerships can also sue or be sued in their partnership name
- Deaths
- When a person dies, any claim they have in tort or any claim against them
(except defamation) survives and is taken over by their personal
representatives
Time limits for tort claims - Limitation Act 1980:
- Normally, the limitation period is six years from when the cause of action arises
- Except:
- Defamation cases concerning the publication of defamatory statements - 1
yr
- Personal injury claims - within 3 yrs of the date of injury
- Children - the time period does not start to run until the child turns 18
Vicarious liability:
