Liability in Negligence

Definition of Tort

  • The term 'tort' originates from Norman French, meaning 'wrong'.

  • Tort law addresses civil wrongs, predominantly found in common law rather than statute law.

Types of Torts

Examples of torts include:

  • Trespass to Land

  • Nuisance

  • Negligence

Key Terms

  • Tortfeasor: A person who commits a tort. In legal texts, they may also be referred to simply as the defendant. For this specification, 'tortfeasor' describes the party that has committed a civil wrong against a 'claimant'.

  • Claimant: The individual whose rights have been infringed and seeks remedy through tort law.

Purpose of Tort Law

  • Tort law aims to offer remedies for individuals whose rights have been infringed by others, focusing primarily on compensation.

History and Development of Tort Law

  • Prior to the Norman invasion (1066), Anglo-Saxon law required monetary compensation for civil and criminal wrongs, influencing the evolving common law system.

  • Landmark Cases:

    • Donoghue v Stevenson (1932): Established the modern law of negligence.

    • Rylands v Fletcher (1868): Set the precedent for strict liability in tort.

Aims of Negligence Law

  1. Corrective Justice: Ensuring that a person is restored to their pre-tort position as closely as possible.

  2. Deterrence: Imposing liability to prevent future tortious acts and promoting societal standards of behavior.

  3. Compensation: Ensuring claimants receive damages for losses incurred.

  4. Vindication: Allowing claimants to seek acknowledgment of their suffering and the truth surrounding their cases.

Key Concepts in Negligence

  • Negligence requires the claimant to prove that the tortfeasor has caused harm through a breach of duty of care.

  • Fault Liability: A person is only liable if at fault.

  • Strict Liability: A person can be held liable regardless of fault.

Important Case Law

  • Fitzgerald v Lane (1989): Demonstrates how liability can be apportioned among multiple parties, whereby the claimant and tortfeasors shared blame according to their respective degrees of fault.

  • Brooke v Bool (1928): Highlights joint liability, where both the tortfeasor and an accomplice were held accountable for the actions leading to harm.

  • Barker v Corus UK Ltd (2006): In mesothelioma cases, established joint and several liability, ensuring that all responsible parties share the financial responsibility based on their contribution to the risk.

Justifications and Criticisms of Tort Law

  • Justification: Tort law provides a framework for compensating victims and deterring harm.

  • Criticisms:

    • The creation of a compensation culture.

    • Economic burdens due to claims against institutions such as the NHS.

    • Access to justice issues for those unable to afford legal action.

    • Potential