Function and Scope of Tort law

What is the primary function of tort law?

To shift losses from the injured party onto the party who caused or was to blame.

What types of interests are usually in conflict in tort cases?

The plaintiff’s interest in security vs. the defendant’s freedom of action, with the public interest as a balancing factor.

Why must courts also consider the public interest in tort disputes?

Because the public deserves protection from behaviour society deems unacceptable.

How does tort law reflect change in society over time?

It adapts to new social and technological risks that can cause injury.

Give an example of a new risk tort law has had to address.

Online harassment.

What happens if a plaintiff’s interest is not recognised by tort law?

They have no case, but the list of recognised interests can change over time.

What does it mean that tort law focuses on the defendant’s wrong, not the plaintiff’s right?

Tort (from tortus, meaning wrong) addresses wrongs committed rather than abstract rights.

Define a tort in one sentence.

A tort is a civil wrong (not involving breach of contract or trust), usually remedied by unliquidated damages.

How is tort law different from criminal law?

Criminal law punishes offences against the state with fines or prison; tort law shifts loss between private parties with unliquidated damages.

How is tort law different from contract law?

Contract duties are voluntary and owed only to contracting parties; tort duties are owed to society at large. Remedies also differ.

Why can one set of facts give rise to both tort and contract claims?

Because a wrong can simultaneously be a breach of contract and a tort.

What did Donoghue v Stevenson establish?

A duty of care in tort can exist even without a contract.

How did Finlay v Murtagh build on Donoghue v Stevenson?

It confirmed this principle in Irish law.

What are unliquidated damages?

Damages not pre-set; the court decides based on harm caused.

Why do courts hesitate to award damages for emotional distress or pure economic loss?

Floodgates concerns — fear of too many claims.

Besides damages, name two other remedies in tort.

Injunctions and self-help.

What does “self-help” mean in tort remedies?

Lawful action by the injured party to stop or correct the wrong (e.g. reclaiming property).

What is corrective justice in tort law?

Restoring balance after a wrong.

Why does strict liability raise fairness concerns?

It can impose liability even without fault or intent.

What is the debate around tort law and social justice?

Whether tort law should actively promote social justice goals.

How might the Irish Constitution influence tort law?

Its emphasis on dignity and social rights shapes judicial approaches.

Why is tort liability not the only route to compensation?

Insurance and welfare schemes also provide compensation.

What’s the difference between first-party and third-party insurance?

First-party covers the insured; third-party covers victims of the insured.

What role does the Occupational Injuries Benefit Scheme play?

Provides PRSI-based compensation for workplace injuries.

Why might a worker prefer a tort claim over PRSI?

Tort damages are usually higher.

What is a no-fault compensation scheme and where is it used?

Compensation without proving fault; e.g. New Zealand.

What limitation was placed on criminal injuries compensation in 1986?

No general damages for pain and suffering, making it less generous than tort.

Why is tort law dependent on insurance in motor cases?

Most motorists couldn’t afford damages themselves.

What is the purpose of the Motor Insurers’ Bureau of Ireland (MIBI)?

To regulate motor insurance and compensate victims of uninsured/untraceable drivers.

Who funds the MIBI?

All motor insurers in Ireland.

What happens if someone is injured in a hit-and-run?

MIBI compensates the victim.

What passengers were excluded from cover before EU law changes?

Passengers in tractors, rear of goods vehicles, and pillion passengers on motorcycles.

Why was Delargy v Minister for Transport significant?

The extension of cover to pillion passengers by statutory instrument was unconstitutional.

When does the MIBI scheme not apply?

If the passenger knew the car was stolen/uninsured, colluded in theft, both drivers uninsured, or the injured was in a stolen car.