Tort law is a core area of civil law that addresses the rights and obligations arising from wrongful acts or omissions that cause harm to others. Unlike contract law, which is based on agreed terms, t…
Tort law is a core area of civil law that addresses the rights and obligations arising from wrongful acts or omissions that cause harm to others. Unlike contract law, which is based on agreed terms, tort law imposes duties on individuals and organisations to avoid causing harm to others through negligent, intentional, or inherently dangerous activities. This chapter explores the key principles, doctrines, and defences within tort law, covering both common law and statutory frameworks.
A tort is a civil wrong, other than a breach of contract, for which the law provides a remedy in the form of damages, injunctions, or other relief. The primary aim of tort law is to restore the injured party to the position they would have been in had the tort not occurred, a principle known as restitutio in integrum.
Negligence is the most significant area within tort law. It arises when a person fails to take reasonable care, resulting in foreseeable harm to another. To establish negligence, the claimant must prove:
Occupiers’ liability imposes a duty on those who control premises to ensure the safety of lawful visitors and, in some cases, trespassers.
Vicarious liability holds employers liable for the torts of their employees committed in the course of employment. This principle balances the need to protect third parties with the employer’s responsibility to control workplace risks. Key cases include Lister v Hesley Hall Ltd (2002) and Mohamud v WM Morrison Supermarkets plc (2016).
Strict liability torts impose liability without proof of fault. The classic example is Rylands v Fletcher (1868), where a person who accumulates a dangerous thing on their land is liable for the damage if it escapes and causes harm.
Other strict liability frameworks include the Consumer Protection Act 1987, which imposes strict liability for defective products.
Defamation protects a person’s reputation from false and harmful statements. It includes:
To succeed, the claimant must prove the statement was defamatory, referred to them, and was published to a third party. The Defamation Act 2013 introduced new defences, including truth, honest opinion, and public interest.
Nuisance protects the use and enjoyment of land from unreasonable interference. It is divided into:
Common defences include:
Available remedies in tort include:
Tort law provides a comprehensive framework for addressing civil wrongs, balancing the rights of claimants and defendants. Understanding the key principles of negligence, strict liability, occupiers’ liability, and available defences is essential for anyone studying or practicing law.
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