Introduction to Tort Law

Outline for Research:

• Toxic Town

Definition

A tort is a civil wrong againsts a person for which the law provides a remedy. This could include; Defamation, Nuisance, False imprisonment, Tresspassing and Negligence (which is essentially the breach of duty of care by one person to another.)

This is the law that protects certain interests from interference and enables someone whose interest has been damages to seek a remedy from the person who has caused thr injury, with its aim being to correct the wrong or damage done to the harmed individuals usually by paying financial damages or compensation or (uncommonly so…) to restric the action that causes the arm through injucntions etc (which is a court order uses to prevent a person taking certain actions).

Overlap with tort and crim lsw

• One action / event may be both a tort and a criminal offence.Eg: punching someone.

• Victim may have a case in Tort (battery) – aim = remedy (damages).

• Assailant may also be prosecuted (eg: for actual / grievous bodily harm) – aim = punishment (fine, community service, imprisonment).

• NB: The standard of proof is different.

Contract law

• Another element of civil law and the law of obligations.

• There is a pre-existing relationship between the parties, who have entered into a contract.

• The harm is (alleged) breach of the terms of the

contract.

•The remedy is for the party that has breached

contract terms to put the injured party in the

position they would have been in had the

contract been performed.