Part A-
The law of tort is a civil wrong which deals with non-criminal wrongs. The word ‘tort’
originates from the Latin term ‘tortus’ which means crooked or twisted. Some of the
legal wrongs which are under tort law are as follows: tort of negligence (suffered
upon an individual when another individual doesn’t properly care for them), trespass
to land (entering a land that isn’t theirs without a lawful reason), assault (some
examples can be, attempted rape, threatening to kill someone and threatening
someone with a weapon etc), battery (where an individual wrongfully harms another
individual, resulting in psychical injury), libel (a false statement that is published
which harms the reputation of an individual) and tort of nuisance (which includes
offence, annoyance, trouble or injury1). A case which relates to trespass to land is
that of Smith v Stone 16472. In this case Stone (defendant) was accused by Smith
(plaintiff) of trespass to land but the defendant stated that he wasn’t their voluntarily
and was only their due to the forceful violence of others. The courts decided that ‘an
involuntary trespass is not actionable3’ and compared it to a counterfeit setting where
an individual who drives cattle onto someone else’s land and stated, “as he that
drives my cattle into another man’s land is the trespasser against him, and not I who
am owner of the Cattell4”.
One of the main roles of tort law is to show which rights the law has to protect. Some
of the interests it seeks to recognise are as follows: personal (physical and mental)
integrity, the tort that is used here is negligence, product liability, trespass, breach of
statutory duty, claims under the Protection from Harassment Act 1997 and nuisance.
Damage to property, the tort that is used here is negligence, product liability,
trespass and nuisance. ‘Pure’ financial loss, the tort that is used here is negligence.
‘Consequential’ financial loss, the tort that is used here is negligence, product
liability, libel, nuisance and trespass to land. Possession use and enjoyment of land,
the tort that is used here is trespass, nuisance, negligence and claims under the
Protection from Harassment Act 1997. Reputation, the tort that is used here is libel.
1
https://en.wikipedia.org/wiki/Nuisance
2
Kidner’s Casebook on Torts Pg. 443
3
All Answers ltd, 'Smith v. Stone - 1647 | Case Brief' (LawTeacher.net, December 2020)
<https://www.lawteacher.net/cases/smith-v-stone.php?vref=1> accessed 27 December 2020
4
All Answers ltd, 'Smith v. Stone - 1647 | Case Brief' (LawTeacher.net, December 2020)
<https://www.lawteacher.net/cases/smith-v-stone.php?vref=1> accessed 27 December 2020
, Finally, privacy, the tort that is used here is negligence, trespass to land, nuisance,
breach of confidence, claims under the Protection from Harassment Act 1997 and
the misuse of personal information5.
Civil law covers many areas such as contracts, negligence, family matters,
employment probate and land law. Civil law protects the private rights of individuals.
One example may include injury to an individual or third party. The outcome of a civil
law case would be a smaller consequence such as paying a fine, redoing repairs and
community service etc. The way tort law relates to other areas of civil law is that of
ADR. Tribunals is one of the forms of ADR. There are two main divisions of the
tribunal system. The first one is called ‘the first tier’, they hear any cases and ‘the
upper tier’ hears any appeals that have been made. There are many sectors of
tribunals, one example is the ‘employment tribunal’. They deal with any unfair
dismissals, discrimination in the workforce, gender equality and equal pay. Tribunals
work alongside the court system as they deal with cases that involve social rights
and state welfare. A tribunal panel is made up of one qualified chairperson and two
lay members. Another form of ADR is ’arbitration’. The arbitration system is a non-
court system where a panel of arbitrators or a single arbitrator is appointed by both
parties to make a decision that is best suited to those involved in the case. Usually, a
hearing is made, and evidence is presented by witnesses and specialists. This
sometimes doesn’t have to happen as the third party could also just give their case
writing. Another form of ADR is ‘mediation’. A mediation is where a third party is
appointed to help both sides come to an agreement. The mediation could be done by
an independent person or a group of people. Their job is to help both parties reach
an agreement. By using mediation, it could help both parties save time as they won’t
need to go into court to settle their disagreement. Mediation is usually used in family
cases, disagreements between colleagues, partners and property. Another form of
ADR is ‘conciliation’. Conciliation is another non-court system that could be used to
resolve disputes. The councillor is the neutral third party who will offer their advice to
the two parties involved in the disagreement. There are many forms of counselling
and these include behavioural therapy, cognitive therapy, family therapy, cognitive
behavioural therapy and gestalt therapy. Negotiation is another form of ADR.
Negotiation is where both parties will communicate with each other for the intention
5
Horsey, K. and Rackley, E., 2019. Tort Law. 6th ed. Oxford University Press, p.5.
The law of tort is a civil wrong which deals with non-criminal wrongs. The word ‘tort’
originates from the Latin term ‘tortus’ which means crooked or twisted. Some of the
legal wrongs which are under tort law are as follows: tort of negligence (suffered
upon an individual when another individual doesn’t properly care for them), trespass
to land (entering a land that isn’t theirs without a lawful reason), assault (some
examples can be, attempted rape, threatening to kill someone and threatening
someone with a weapon etc), battery (where an individual wrongfully harms another
individual, resulting in psychical injury), libel (a false statement that is published
which harms the reputation of an individual) and tort of nuisance (which includes
offence, annoyance, trouble or injury1). A case which relates to trespass to land is
that of Smith v Stone 16472. In this case Stone (defendant) was accused by Smith
(plaintiff) of trespass to land but the defendant stated that he wasn’t their voluntarily
and was only their due to the forceful violence of others. The courts decided that ‘an
involuntary trespass is not actionable3’ and compared it to a counterfeit setting where
an individual who drives cattle onto someone else’s land and stated, “as he that
drives my cattle into another man’s land is the trespasser against him, and not I who
am owner of the Cattell4”.
One of the main roles of tort law is to show which rights the law has to protect. Some
of the interests it seeks to recognise are as follows: personal (physical and mental)
integrity, the tort that is used here is negligence, product liability, trespass, breach of
statutory duty, claims under the Protection from Harassment Act 1997 and nuisance.
Damage to property, the tort that is used here is negligence, product liability,
trespass and nuisance. ‘Pure’ financial loss, the tort that is used here is negligence.
‘Consequential’ financial loss, the tort that is used here is negligence, product
liability, libel, nuisance and trespass to land. Possession use and enjoyment of land,
the tort that is used here is trespass, nuisance, negligence and claims under the
Protection from Harassment Act 1997. Reputation, the tort that is used here is libel.
1
https://en.wikipedia.org/wiki/Nuisance
2
Kidner’s Casebook on Torts Pg. 443
3
All Answers ltd, 'Smith v. Stone - 1647 | Case Brief' (LawTeacher.net, December 2020)
<https://www.lawteacher.net/cases/smith-v-stone.php?vref=1> accessed 27 December 2020
4
All Answers ltd, 'Smith v. Stone - 1647 | Case Brief' (LawTeacher.net, December 2020)
<https://www.lawteacher.net/cases/smith-v-stone.php?vref=1> accessed 27 December 2020
, Finally, privacy, the tort that is used here is negligence, trespass to land, nuisance,
breach of confidence, claims under the Protection from Harassment Act 1997 and
the misuse of personal information5.
Civil law covers many areas such as contracts, negligence, family matters,
employment probate and land law. Civil law protects the private rights of individuals.
One example may include injury to an individual or third party. The outcome of a civil
law case would be a smaller consequence such as paying a fine, redoing repairs and
community service etc. The way tort law relates to other areas of civil law is that of
ADR. Tribunals is one of the forms of ADR. There are two main divisions of the
tribunal system. The first one is called ‘the first tier’, they hear any cases and ‘the
upper tier’ hears any appeals that have been made. There are many sectors of
tribunals, one example is the ‘employment tribunal’. They deal with any unfair
dismissals, discrimination in the workforce, gender equality and equal pay. Tribunals
work alongside the court system as they deal with cases that involve social rights
and state welfare. A tribunal panel is made up of one qualified chairperson and two
lay members. Another form of ADR is ’arbitration’. The arbitration system is a non-
court system where a panel of arbitrators or a single arbitrator is appointed by both
parties to make a decision that is best suited to those involved in the case. Usually, a
hearing is made, and evidence is presented by witnesses and specialists. This
sometimes doesn’t have to happen as the third party could also just give their case
writing. Another form of ADR is ‘mediation’. A mediation is where a third party is
appointed to help both sides come to an agreement. The mediation could be done by
an independent person or a group of people. Their job is to help both parties reach
an agreement. By using mediation, it could help both parties save time as they won’t
need to go into court to settle their disagreement. Mediation is usually used in family
cases, disagreements between colleagues, partners and property. Another form of
ADR is ‘conciliation’. Conciliation is another non-court system that could be used to
resolve disputes. The councillor is the neutral third party who will offer their advice to
the two parties involved in the disagreement. There are many forms of counselling
and these include behavioural therapy, cognitive therapy, family therapy, cognitive
behavioural therapy and gestalt therapy. Negotiation is another form of ADR.
Negotiation is where both parties will communicate with each other for the intention
5
Horsey, K. and Rackley, E., 2019. Tort Law. 6th ed. Oxford University Press, p.5.
