Tort Basics

Question 1

What is the definition of a tort?

Answer 1

A civil wrong that results in damages being awarded.

Question 2

What is the function of tort law?

Answer 2

To regulate how individuals in society interact. The idea of tort law is to place the plaintiff in the position that they would have been had the tort, or wrongful act, not been committed.

Question 3

What is the corrective justice model?

Answer 3

The idea that the court is correcting the injustice that the defendant, ie the person being sued, visited upon the plaintiff, ie the person bringing the case. ​Corrective justice is performed by awarding the plaintiff a sum of money, called damages or compensation.

Question 4

What is the distributive justice model?

Answer 4

Distributive justice takes into account that the cost of these wrongs being committed should be spread across society.

Question 5

What are protected interests under tort law? Why do they matter?

Answer 5

Physical​

Property​

Economic​

Reputation​

Freedom​

Psychiatric wellbeing​

Privacy

If you don’t have a protected interest, you will not be able to bring a claim.