Tort Law: Introduction to Tort

Definition of Tort Law

  • According to Salmond & Heuston, "A tort is a species of civil injury or wrong."

  • Winfield elaborates that "Tortious liability arises from a breach of duty fixed by law, with the duty being towards persons generally, and is redressable by an action for unliquidated damages."

Lecture Outline

  • The course is structured to cover various aspects of Tort Law.

  • Key components include:

    • Teaching structure

    • Resources

    • Assessment

    • Current Tort cases in the news

    • Core concepts of Tort Law

    • Functions and aims of Tort

    • Remedies

    • Debate on Tort Law

  • Specific page references for each topic are indicated, providing a roadmap for the lectures.

Teaching Schedule

  • The term comprises:

    • 10 Lectures (20 hours) involving Dr. Jessica Fish, Dr. Jaime Lindsey, and Prof. Chris Hilson.

    • 5 Tutorials (1 hour every fortnight), focused on small group teaching with mandatory attendance.

    • 5 Workshops (2 hours every fortnight) providing large group work with compulsory attendance.

    • Peer Assisted Learning (PAL) allows 2nd year students to support 1st year students, although participation is optional.

Learning Resources from Law Trove

  • Law Trove provides resources to enhance understanding of Tort Law.

  • Included materials:

    • Annotated judgments and statutes

    • Problem questions and their solutions

    • Interactive decision trees and author videos

    • Web links and additional materials

  • It encourages deeper study and provides critical support for assessments.

Assessment Overview

  • Assessment is multifaceted:

    • 0% for formative assessment (Due 9th May) with 20 multiple choice questions (1 hour).

    • Mandatory non-assessed problem-based essay (Due 19th March).

    • Summative assessment is evaluated as follows:

      • 30% (1 problem-based question) for the online exam during the summer period.

      • 70% (1 essay question) also during the summer period.

Key Legal Writing Skills

  • Important legal writing format includes:

    • Understanding the "Issue, Principle, Application, and Conclusion" style.

    • Emphasis on accuracy and relevance in legal arguments.

    • Proficiency in citing cases using OSCOLA format, where case names are italicized (e.g., Collins v Willock).

Learning Resources

  • A robust list of resources for further study includes:

    • Newspapers and online resources (Westlaw, LexisNexis).

    • Information from reputable sites (Law Commission, gov.uk).

    • Textbooks available via LawTrove and specific legal skill guides.

    • Module materials and tasks available on Blackboard.

Assessment Criteria

  • Different levels of assessment are defined by relevance, use of standard literature, integration of theory, evidence analysis, and overall accuracy.

  • Performance is graded from First class (70-100) to fail (below 40). Key attributes assessed include writing style and originality.

Current Legal Cases in the News

  • Reported tort cases highlight the evolving nature of Tort Law. Key incidents include:

    • Legal actions against London landlords and manufacturers after an e-bike fire.

    • Lawsuits involving football associations over concussion risks and negligence.

    • Human rights claims against oil companies for pollution impacts.

    • Other notable cases illustrating recent trends in liability and negligence claims.

Overview of Tort Law

  • Tort Law is concerned with civil wrongs and delineates responsibilities and liabilities. Important themes include:

    • Etymology: The term "tort" derives from Latin, meaning crooked or twisted, relating to breaches of norms of conduct.

    • Understanding the broad spectrum of torts shaped by common law and how some torts evolve or fall away over time.

Types of Liability

  • Torts can manifest through different liability types:

    • Negligence: Involves a breach of duty causing foreseeable harm.

    • Intentional Torts: Involves deliberate actions like trespassing.

    • Fault-Based Liability: Focuses on harmful outcomes without requiring proof of fault, e.g., defective products.

Functions of Tort Law

  • The primary functions include:

    • Corrective Justice

    • Compensation for victims

    • Vindication of rights

    • Offsetting grievances

    • Deterrence against future wrongdoing.

Court Orders and Remedies

  • Injunctions: Orders to compel or prevent actions.

  • Insurance: Financial mechanisms aiding in liability coverage.

  • Damages: Monetary awards aimed to restore or compensate for losses.

The “Compensation Culture” Debate

  • Critical discussions revolve around perception issues regarding compensation claims in society:

    • Concerns about increasing compensation claims leading to over-cautiousness and shifting responsibilities.

    • The role of media in sensationalizing lawsuits affects public perception.

    • Legislative measures (e.g., the Civil Liability Act 2018) attempting to reform compensation frameworks.