Commercial and Business Law

Tort

Tort law pertains to situations where one person harms another, resulting in a legal wrong. It provides a means for the injured party to seek compensation from the person responsible for the harm. The scope of tort law is extensive, covering various legal matters. Its primary goal is to restore the victim to their pre-injury state and prevent any undue harm or loss.

Duty of Care
Strict liability
Damages

Duty of Care

Within the compulsory law degree module, Duty of Care is a crucial aspect of tort law, serving as the foundation for any negligence claim. When a person with a legal obligation towards another breaches their duty, resulting in harm or injury, a tort is committed. The Caparo test, a three-stage examination, is used to establish Duty of Care. It examines whether the harm was foreseeable, if there was a close relationship between the parties, and if it’s fair and reasonable to impose a duty of care. Negligence occurs when a person with a Duty of Care fails to provide it, and to establish a case, it’s necessary to prove that a duty of care existed, it was breached, and the breach caused harm or damage. Personal Injury is a civil case that seeks compensation for injuries sustained, whether in accidents at home, public places, or workplaces, or through negligence.

Strict liability

Strict liability in tort law imposes liability on a party without requiring the finding of intent or negligence. Instead, the individual claiming damages only needs to prove that the tort occurred, and the defendant was responsible. Strict liability torts apply to inherently dangerous behavior, such as owning wild animals or managing nuclear power plants.

Tort law includes two areas of nuisance: private and public. Private nuisance pertains to actions by the defendant that cause unreasonable interference with an individual’s land or enjoyment of their land, while public nuisance is similar but interferes with a group rather than an individual.

Damages

Damages are generally awarded in tort to restore the plaintiff to their pre-tort position and compensate them for any loss incurred. They can be classified as general damages for pain, suffering, and emotional distress, aggravated damages for mental distress in malicious torts, or exemplary/punitive damages when the court deems the damage caused to be severe enough to make an example of the defendant. Other areas of tort law include defamation, trespass (to the person), and privacy law. It’s worth noting that criminal law and tort law can overlap, such as in cases of sexual violence that can involve both a civil and criminal wrong.