LLB102 - Torts

Tort

A civil wrong where common law provides remedy for any incurred damages, typically monetary compensation.

Three general features of torts

An act or omission; an infringement of legally recognised rights; and an action for damages

Misfeasance

A positive act that causes harm

Nonfeasance

A failure or omission to act.

Absolute right

Actionable per se indicating the interference can initiate an action without need for further proof of damages.

Qualified right

The plaintiff must demonstrate the interference caused a legally recognised form of harm.

Tort Law

Protects a larger range of interested independent from contractual agreement including but not limited to personal safety, property and reputation.

Contract Law

Generally protects rights arising from agreements and promises.

Tort Law vs Criminal Law

Tort law primarily protects private rights and is generally pursued by an individual plaintiff, with the balance of probabilities as the standard of proof. Criminal law is generally enforced by the state, uses the beyond reasonable doubt standard, and focuses more heavily on punishment and deterrence.

Tort law primarily aims to protect private rights and is generally pursued by an individual plaintiff, with the balance of probabilities as the standard of proof. Conversely, criminal law is generally enforced by the state, operates with the beyond reasonable doubt standard and more heavily focuses on punishment and deterrence.

Donoghue vs Stevenson

Established the “neighbour principle” which posits a manufacturer is legally responsible for the final consumer of their products. Broadly, people must take reasonable care to avoid acts or omissions that they can reasonably foresee will cause harm or injury.

Insurance Role in Law

Protects defendants from financially devastating damages while simultaneously ensuring injured plaintiffs have ready access to funds to satisfy compensation awards.