Unit 2 Section B:
Tort Law
Summary Sheets – covers only the bare minimum, should
be used in conjunction with own notes, case notes,
textbooks and other information provided.
,
, Rules and theory: Outline of the rules and theory of the law of tort
• Aim of tort law and tortious actions:
• Aim of tort is not to punish wrongdoing, it is to protect • Defences:
interests by: • Ways for the defendant to refute a claim.
• Fewer defences in civil law than in criminal law
• Stopping the harmful conduct and/or
• Defences generally divert blameworthiness from the defendant
• Providing damages by way of compensation
back to the claimant, suggesting they were, to some degree
• To those who suffer loss as a consequence of the actions or responsible for their own damage.
inactions (omissions) of others. • Remedies:
• Defining the claimant and the defendant: • Damages – money calculated to return the claimant to their
• Claimant is the legal person bringing the claim – person feels original position before the tort had taken place
wronged and is claiming damages (or seeking an injunction) • Injunction – court order to stop – most common in torts such as
• Defendant is the legal person who is alleged wrongdoer – trespass and nuisance.
person is attempting to defend themselves from the claim • In civil cases the general rule is that the loser pays the winner’s
against them legal costs in addition to their own costs, so it is a risky business.
• Tortious liability: the burden and standard of proof: • Protected interests:
• Burden is on the claimant. • Tort aims to protect interests from a harm.
• Not all interests are protected to the same degree, because of
• Standard of proof is ‘on the balance of probabilities’
how case law has developed in the courts.
• Claimant merely has to establish that the defendant was at • Protected interests include:
fault for the incident and responsible for the damage.
• Harm (including death) – personal injury claims
• Civil courts of first instance: County Court and High Court • Harm to property
• Fault or no fault: • Enjoyment of property
• Fault was first introduced into negligence law in Cambridge • Harm to the due process of law
Water v Eastern Counties Leather (1994). Before this, fault • Compensation culture:
was not always necessary for damages to be paid. • Idea of compensation culture fuelled by the American case of
• Fault means that there is some wrong doing by the Liebeck v McDonalds – ‘hot coffee case’
defendant, and is a requirement in torts such as negligence • Laws have been introduced to address the growing number of
and occupier’s liability. frivolous claims, particularly fraudulent whiplash claims.
• Fault is not needed in torts such as: • Is it fair to assume every claimant is just trying to make money?
• Nuisance • Are the press and social media actually to blame for the skewed
• Rylands v Fletcher reporting and ‘fake news’?
• Vicarious Liability
• In these, the claimant does not need to show how and why the
incident happened – just need to show that it did happen and
then establish a causal link to the damage suffered
Tort Law
Summary Sheets – covers only the bare minimum, should
be used in conjunction with own notes, case notes,
textbooks and other information provided.
,
, Rules and theory: Outline of the rules and theory of the law of tort
• Aim of tort law and tortious actions:
• Aim of tort is not to punish wrongdoing, it is to protect • Defences:
interests by: • Ways for the defendant to refute a claim.
• Fewer defences in civil law than in criminal law
• Stopping the harmful conduct and/or
• Defences generally divert blameworthiness from the defendant
• Providing damages by way of compensation
back to the claimant, suggesting they were, to some degree
• To those who suffer loss as a consequence of the actions or responsible for their own damage.
inactions (omissions) of others. • Remedies:
• Defining the claimant and the defendant: • Damages – money calculated to return the claimant to their
• Claimant is the legal person bringing the claim – person feels original position before the tort had taken place
wronged and is claiming damages (or seeking an injunction) • Injunction – court order to stop – most common in torts such as
• Defendant is the legal person who is alleged wrongdoer – trespass and nuisance.
person is attempting to defend themselves from the claim • In civil cases the general rule is that the loser pays the winner’s
against them legal costs in addition to their own costs, so it is a risky business.
• Tortious liability: the burden and standard of proof: • Protected interests:
• Burden is on the claimant. • Tort aims to protect interests from a harm.
• Not all interests are protected to the same degree, because of
• Standard of proof is ‘on the balance of probabilities’
how case law has developed in the courts.
• Claimant merely has to establish that the defendant was at • Protected interests include:
fault for the incident and responsible for the damage.
• Harm (including death) – personal injury claims
• Civil courts of first instance: County Court and High Court • Harm to property
• Fault or no fault: • Enjoyment of property
• Fault was first introduced into negligence law in Cambridge • Harm to the due process of law
Water v Eastern Counties Leather (1994). Before this, fault • Compensation culture:
was not always necessary for damages to be paid. • Idea of compensation culture fuelled by the American case of
• Fault means that there is some wrong doing by the Liebeck v McDonalds – ‘hot coffee case’
defendant, and is a requirement in torts such as negligence • Laws have been introduced to address the growing number of
and occupier’s liability. frivolous claims, particularly fraudulent whiplash claims.
• Fault is not needed in torts such as: • Is it fair to assume every claimant is just trying to make money?
• Nuisance • Are the press and social media actually to blame for the skewed
• Rylands v Fletcher reporting and ‘fake news’?
• Vicarious Liability
• In these, the claimant does not need to show how and why the
incident happened – just need to show that it did happen and
then establish a causal link to the damage suffered
