Keith Mack
Tort law is a civil law that deals with civil wrongs, as opposed to criminal law, which deals with criminal wrongs. Tort law is an area of common law, with its rules regarding civil liability primarily established by precedent and theory rather than an exhaustive code. Common law systems are legal systems descended from English law, including Australia, Canada, New Zealand, Singapore, and the United States. Tort law aims to compensate individuals who have suffered harm as a result of the actions of others and to impose liability on the party responsible. Torts can include negligent injury, battery, deceit, defamation, automobile accidents, false imprisonment, product liability, and copyright infringement.
| Characteristics | Values |
|---|---|
| Definition | A civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act |
| Purpose | To provide relief to injured parties for harms caused by others, to impose liability on parties responsible for the harm, and to deter others from committing harmful acts |
| Nature of harm | Legal injuries addressable under tort law are not limited to physical injuries and may include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights |
| Nature of relief | Monetary compensation, injunction, restitution |
| Nature of liability | Strict liability, vicarious liability, tortious liability |
| Types of torts | Negligent injury, battery, deceit, defamation, negligence, products liability, intentional infliction of emotional distress, nuisance, invasion of privacy, economic torts, automobile accidents, false imprisonment, copyright infringement, environmental pollution (toxic torts), trespass, assault |
| Tort law vs. criminal law | Tort law addresses private wrongs and has a central purpose of compensating the victim rather than punishing the wrongdoer |
| Tort law vs. contract law | A breach of contract is not typically considered a tortious act |
| Tort law vs. civil law | Tort law is referred to as the law of delict in Scots and Roman Dutch law, and resembles tort law in common law jurisdictions in that rules regarding civil liability are established primarily by precedent and theory rather than an exhaustive code |
| Common law jurisdictions | Australia, Canada, New Zealand, Singapore, the United States, England, India, Israel, South Africa, and more |
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What You'll Learn
Tort law vs. criminal law
Torts are civil wrongs, which cause claimants to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law is a kind of civil law, like family law, property law, and contract law. Tort law aims to compensate individuals who suffer harm as a result of the actions of others. Tort law protects each person's bodily integrity against both intentional and negligent interference; it protects each person's mental health against intentional infliction of emotional distress and negligent infliction of psychiatric injury; it protects each person's reputation against misstatements by others; it protects privacy and freedom of movement against certain interferences; and it protects property against various forms of interference, including unauthorized use, willful or careless damage, and, in the case of land, against unauthorized entry and loss of usefulness.
Criminal law deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, the primary aims of tort law are to provide relief to injured parties for harms caused by others, to impose liability on parties responsible for the harm, and to deter others from committing harmful acts. Criminal law provides basic protection to society from clearly anti-social acts. Although crimes may have immediate victims, such as the owners of homes burned down by an arsonist, the ultimate victim of a crime is society as a whole.
Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and criminal prosecution in countries where the civil and criminal legal systems are separate. In such cases, ideally, tort law would provide a monetary remedy to the plaintiff, while criminal law would provide rehabilitation for the defendant, thereby benefiting society by reforming the defendant.
The standard of proof in a criminal case is "beyond a reasonable doubt", whereas in a tort action, the plaintiff must only establish that it is more probable than not that the defendant satisfied each of the elements of the tort. In the United States, tort cases are heard before civil juries, whereas criminal acts are tried in criminal courts, and the punishment is determined according to the framework defined by the state's criminal laws.
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Tort law vs. contract law
Torts are civil wrongs, and they are distinguishable from crimes, which are wrongs against the state or society. Tort law is concerned with compensating victims for harm caused by others, imposing liability on the responsible party, and deterring harmful acts. Contract law, on the other hand, deals with the drafting and enforcement of agreements between parties. It focuses on economic loss and provides civil remedies after a breach of contract.
Tort law and contract law serve different purposes and protect different interests. Tort law protects individuals from harm caused by others, regardless of whether there is a contract between them. It covers a wide range of topics, including automobile accidents, false imprisonment, defamation, product liability, copyright infringement, and environmental pollution. The law recognizes torts as civil wrongs and allows injured parties to recover damages in the form of monetary compensation or injunctions.
Contract law, on the other hand, deals with the formation and enforcement of contracts. It focuses on the rights and obligations of the parties to a contract and provides remedies for breach of contract. Contractual duties arise from the terms of the contract itself, while tort duties are created by law. Contract law aims to compensate the injured party by placing them in the position they would have been in had the breach not occurred.
While both tort and contract law provide for compensation, there are some key differences in the types of damages available. In contract law, compensatory damages are the most common form of damages, intended to compensate the non-breaching party for actual losses resulting from the breach. Other types of damages in contract law include liquidated damages, restitution, and, in rare cases, punitive damages.
In tort law, damages can include compensatory damages, as well as punitive damages in cases of egregious negligence. Tort law also allows for injunctions, which compel a party to cease an activity, and restitution, which aims to restore the injured party to their original position. Additionally, tort law can involve unknown parties, while contracts typically involve known individuals.
In summary, tort law and contract law are distinct areas of law with different purposes, protections, and remedies. Tort law addresses civil wrongs and protects individuals from harm caused by others, while contract law deals with the drafting and enforcement of agreements between parties.
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Tort law in common law jurisdictions
In common law jurisdictions, tort law is not limited to physical injuries and may include emotional, economic, or reputational injuries, as well as violations of privacy, property, or constitutional rights. Torts cover a wide range of topics, including automobile accidents, false imprisonment, defamation, product liability, copyright infringement, and environmental pollution (toxic torts).
The primary aims of tort law in common law jurisdictions are to provide relief to injured parties, impose liability on those responsible for the harm, and deter others from committing similar harmful acts. Torts can shift the burden of loss from the injured party to the party at fault. Successful claimants in tort law must demonstrate that they have suffered foreseeable loss or harm as a direct result of a breach of duty.
In common law jurisdictions, tort doctrine has largely developed through judicial decisions made in private disputes. This has resulted in considerable diversity within the common law, with the introduction of statutes and competing regulatory regimes. Despite this variation, the broad doctrinal structure of tort law remains clear, addressing fundamental questions of human social interaction and laying out minimal standards of conduct.
While tort law in common law jurisdictions shares similarities with civil law jurisdictions, there are key differences. Civil law jurisdictions, including those based on Roman Law principles, tend to outline contractual and tortious liability in civil codes. In contrast, common law jurisdictions establish rules regarding civil liability primarily through precedent and theory rather than exhaustive codes.
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Strict liability
An early example of strict liability is the English case of Rylands v. Fletcher, which established the rule that anyone who, in the course of the "non-natural" use of their land, "accumulates" thereon anything likely to cause mischief if it escapes is answerable for all direct damage caused. This precedent has been used in England and other common law jurisdictions to impose strict liability in certain areas of nuisance law, specifically for damage to land or interests in land. In the case of Rylands v. Fletcher, the defendant was held liable for the escape of a large body of water from his land. Other examples of dangerous things that have been considered in tort cases include vibrations, electricity, gas, sewage, explosives, and rusty wires.
There are certain exceptions to strict liability that a defendant can plead to escape liability. These include the default of the claimant, where the damage is suffered due to the plaintiff's own fault; an act of God, where the damage is caused by a superior natural force beyond human control; and the consent of the claimant, where the plaintiff has consented to the presence of the dangerous thing. Additionally, a defendant may claim a defence if the damage was caused by the fault of a stranger or third party, or if the source of danger is maintained for the common benefit of both the plaintiff and defendant.
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Intentional vs. unintentional torts
Torts are civil wrongs that cause claimants to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law is concerned with two fundamental questions of morality and social life: how people are permitted to treat each other, and whose problem it is when things go wrong. Tort law is a crucial framework for resolving conflicts and addressing situations where one party's actions cause harm to another. Torts can be categorised as intentional or unintentional (or negligent).
Intentional torts occur when a defendant knowingly intends to cause harm to another person, be it physical harm, emotional distress, or property damage. Examples of intentional torts include assault, battery, defamation, invasion of privacy, false imprisonment, and intentional infliction of emotional distress. In cases of assault, there is a reasonable apprehension of imminent harmful or offensive contact, but no physical contact. Battery, on the other hand, involves the follow-through on the threat of violence, resulting in offensive or harmful physical contact. Defamation, which is a type of invasion of privacy, occurs when a false statement is published, damaging a person's reputation or standing. False imprisonment involves restraining a person in a bounded area without their consent or justification. Intentional infliction of emotional distress happens when a defendant acts outrageously, causing severe emotional distress, such as through threats of violence.
Unintentional torts, or negligent torts, arise from reckless or careless behaviour that results in harm to someone else. While these torts are considered accidental, individuals and businesses are expected to maintain a reasonable standard of care to protect those around them. Negligence involves a failure to take appropriate action to prevent harm, leading to liability for any damages caused. Examples of unintentional torts include car accidents, medical malpractice, slip and fall accidents, and product liability. In car accidents, negligence can take the form of speeding, ignoring traffic signals, or distracted driving. Medical malpractice occurs when healthcare providers deviate from standard practices, leading to patient injury through surgical errors, misdiagnosis, or failure to provide necessary treatment. Slip and fall accidents can result from property owners' failure to maintain safe environments by not correcting or warning about hazards. Product liability arises when a defective product causes injury, rendering the manufacturer or seller liable.
It is important to note that tort law varies across jurisdictions, with common law systems, civil law jurisdictions, and mixed systems each having their own nuances in the application of tort law.
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Frequently asked questions
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act.
Tort law addresses private wrongs and has a central purpose of compensating the victim rather than punishing the wrongdoer. The primary aims of tort law are to provide relief to injured parties for harms caused by others, to impose liability on parties responsible for the harm, and to deter others from committing harmful acts.
Torts comprise varied topics such as automobile accidents, false imprisonment, defamation, product liability, copyright infringement, and environmental pollution (toxic torts). Other examples include trespass, assault, battery, negligence, and intentional infliction of emotional distress.
Criminal law deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and criminal prosecution in countries where the civil and criminal legal systems are separate.
Contract law provides civil remedies after a breach of a duty that arises from a contract. On the other hand, tort law is concerned with private wrongs and seeks to compensate the victim for harm suffered. While individuals and corporations are typically only liable for their own actions in contract law, indirect liability for the tortious acts of others may arise in certain situations.
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