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LAW OF TORT

LAW OF TORT. Overview. Objective. To place the law of tort in context In world legal systems In UK law. Characteristics of UK law. Long history of common law Slow and gradual development Crucial importance of precedent Centralised court structure Importance of judges

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LAW OF TORT

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  1. LAW OF TORT Overview

  2. Objective • To place the law of tort in context • In world legal systems • In UK law

  3. Characteristics of UK law • Long history of common law • Slow and gradual development • Crucial importance of precedent • Centralised court structure • Importance of judges • Equitable remedies • No code • Little Roman Law influence • Adversarial procedure

  4. TERMINOLOGY • Common law and civil law • Common law and equity • Common law and statute • Case names • Names of parties • Outcomes

  5. Law of tort • Deals with claims by private persons against others (individuals, organisations etc) • Main objective is compensation • Some equitable remedies available • Long history – mostly case law - still developing • Some recent legislation • Importance of “fault principle • Negligence accounts for most claims • Underpinned by insurance • Judicial policy very influential - now also human rights • Distinguish contract and criminal law

  6. CIVIL LAW Compensation Day in Court Deterrence Civil standard of proof Specific outcomes Specific terminology CRIMINAL LAW Punishment Retribution Deterrence Criminal standard of proof Specific outcomes Specific terminology CIVIL AND CRIMINAL LAW

  7. TORT AND CONTRACT • Different objectives • Different relationships between parties • Different outcomes • Different rules on causation and remoteness of damage • Different rules about e.g. “notice” • More statutory intervention in contract • Liability more often strict in contract • Note that the two areas of law are drawing together

  8. TORTS DEFINED BY INTERESTS PROTECTED – for example • Land • Person • Reputation • Privacy? • Good • Over-arched by negligence

  9. DEFINED BY AREAS OF LIABILITY • Premises • Employers • Use of land • Professional responsibility • Statutory duties • Products

  10. MAIN AREAS FOR STUDY • Negligence • Occupiers’ liability • Torts relating to land • Torts involving animals • Employers’ liability • Product liability • Privacy • Defamation • Remedies • Defences in tort • Criticisms and reforms

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