1 Introduction to Tort

Question 1

What is a tort

Answer 1

À tort is something out of natural order, a ‘civil wrong’

Question 2

Who has the responsibility for bringing a tort case

Answer 2

The affected party

Question 3

What is the purpose or outcome of a tort case

Answer 3

To remedy the tort - to put the claimant back in the position they would have been in had the tort not been committed

Question 4

What is the usual remedy in tort

Answer 4

Damages - aim to restore the claimant to their position before the tort was committed, with money

Question 5

What civil wrongs does tort law govern, and what are they

Answer 5

Negligence - injuring your body or your property

Defamation - damaging your reputation

Nuisance - interfering with your enjoyment of land, for example causing excessive noise / smell

Assault and battery - touching your without your consent

Question 6

Explain some differing views on what tort law actually involves

Answer 6

Some academics see tort law as protecting ‘rights’, others see it as a system or personal responsibility for conduct, so difficult to explain concisely what it entails

Cane: ‘the conceptual nature of tort law is disorganised and ramshackle’

Question 7

Describe why negligence is one of the main focuses in tort

Answer 7

• it is the bread and butter of tort in practice
• almost a million claims brought in it each year
• important area of work for many lawyers and paralegals
• personal injury claims are almost all based on negligence

Question 8

Describe why personal injury litigation is one of the main focuses in tort

Answer 8

• tort is a system of compensation for personal injury, with certain property damage cases used as a comparison against personal injury

Question 9

Describe the importance of understanding law IN CONTEXT

Answer 9

• the legal rules that govern when compensation is paid for in personal injury (liability) and how much claimants get (quantum), do not drop from the sky
• they are formed and influenced by political, social and economic factors which change over time
• they are not ‘neutral’
• they do not reflect a consensus on how we should organise society
• they reflect political views and choices that are open to dispute

Question 10

Describe the importance of understanding law IN PRACTICE

Answer 10

• can be very different from the law we study in books
• focuses on how the rules are actually used and experienced in practice eg types of injuries more likely to be compensated, factors affecting settlement of claims (personality of claimant?), role liability insurance plays, and how compensation culture affects claims

Question 11

What must a claimant establish in order to obtain liability

Answer 11

Negligence - the main tort