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Tort Law, Negligence Notes

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In depth and easy to understand notes on Negligence, Introductory Lesson to the laws of Tort for Masters or Undergraduate Law students

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Uploaded on
December 9, 2025
Number of pages
5
Written in
2025/2026
Type
Class notes
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The university of law
Contains
Class 1: negligence

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u.1 negligence
Status consolidate

Sub-item unit 2: negligence, factual scenario engage 2 , con 1. writing taks

class tort

date @Oct 1

main points aims of tort, types of tort, types of claims, how to analyse

revised?
what is tort?
Baker TE Hopkins
functions of tort
types of harm 1.4
Claims in Tort
analysing tort action

, TORT LAW:
what is tort?
’tort’ is a civil wrong
a Tort involves the infringement of a legal right (or breach o
- for which the law to a claim in the civil courts.
provides remedy. Law of torts is the tort of non-criminal wrongs
interference with an individuals rights
→ given to a diverse set of → a person who commits a tort is called a ‘tortfeasor’ and
legal wrongs. → their liability is described as ‘tortious’

people seek remedies in tort
KEYWORDS
claim compensation for damages
tort
tort governs the relationship between individuals
policy
usually insurance companies floating the bill of wrong-d
something courts
differences between contract and tort:
may turn to, a
subset of factors, liability does not depend on consensus between par
when determining In contract, the parties’ obligations are fixed by the t
the shape of the agreement reached between them). In some cases t
law the contract by the law, but most terms are usually e
case law - tort is parties.
mostly dependant on In tort, on the other hand, liability does not depend o
this the parties; it is determined by rules (largely judge- m
whether the defendant’s wrongdoing constitutes a to

In contract, there has to be a contractual relationship
defendant before a claim for breach of contract can
AIMS OF TORT LAW
This means that only the
tort law looks both parties to the contract can sue.
backward (to remedy In tort, however, the potential scope of liability is mu
past wrongs) and tort are imposed by law, they are owed to the world
forward (to deter or dependent on an
regulate future agreement between the parties.
conduct).
Obligations in contract law are generally said to be v
Its main functions are sense
corrective justice, that the parties agree to enter into the contract. Obli
compensation, hand, are imposed on a defendant by law.
deterrence, and
sometimes One other difference between contract and tort relat
vindication. damages. You
will meet this again in Chapter 5, but in essence the
The case Woodroffe- put the claimant back into the position they would ha
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