Introduction to Torts

Law of Torts I

Lecturer: Christopher Gray

E-mail: cg15586@my.bristol.ac.uk

What is a tort?

Torts are civil wrongs. Each tort has different characteristics and different rules which apply
to it.

Examples of torts:
- Negligence
- Trespass
- Libel
- Nuisance

They all revolve around finding liability in the defendant, for a loss suffered by the claimant.

According to Peter Cane in The Anatomy of Tort Law, each tort consists of three parts:

Protected interests + sanctioned conduct + remedy for the wrong

Principles of tortious liability

Compensation

“[T]he sum of money which will put the party that has been injured, or who has suffered, in
the same position as he would have been if he had not sustained the wrong for which he is
now getting his compensation or reparation”

Lord Blackburn in Livingstone v Rawyards Coal Co (1880) 5 App. Cas. 25 at 39

This is the principle known as restitution in integrum, used by the courts to determine
amount of compensation.
This is a very complete form of compensation which can often lead to very high amounts.

What implications does this have?

- Indeterminate liability: Compensation is vital, but the courts have been careful not to
open ‘floodgates of litigation’. Whereby excessive numbers of claimants are able to
bring cases.
- Disproportionate liability: Liability which would ‘crush’ defendants, i.e. punishing a
minor breach by opening up defendants to huge compensation for loss, needs to be
considered
- Rise of insurance: Supports the granting of compensation for loss without a
disproportionate burden placed on those who have claims brought against them.
These are factors which are considered by judges in their development of the common law of
torts.
The decision to grant compensation in a particular case is a balance between the need for loss
to be compensated, and the impact which this might have on defendants and future cases.

Fault

An idea used to justify the award of compensation. Reflects that individuals should be
personal (and financial) responsibility for their own actions.

Very important to negligence, but not all torts are based on fault, i.e. libel.

‘Fault’ in tort is not the same as moral blame/censure. Often the standards of care which
defendants are held to in tort are not reflective of a standard which people would find morally
blameworthy.

Retributive justice

Claimants are more likely to be satisfied when the compensation they receive is given to
them by the one that harmed them.

It could be argued that this is the job of criminal law however. Is it a good thing to have
punishment in civil law?

Deterrence

People are more likely to take care in their work and lives, if they know that they may
otherwise have to pay compensation

This is supported by the courts ability to grant punitive (or exemplary damages). See for
example Grimshaw v Ford Motor Co.

Economic efficiency

Manufacturers of products bear the cost of the harm caused by their products, therefore there
is an economic incentive to produce safer products and safer products become cheaper.

Loss distribution

Removing the financial burden of the loss from the victim and onto the defendant. But in
turn, this is often covered by insurance companies, who spread the cost among their clients
who pay premiums to them.

This helps to manage the burden of loss throughout society.

Interests protected by tort

- Personal harm and integrity

o Protected by negligence, trespass to the person.
o Some elements of personal harm better protected than others, for example,
physical harm has a high level of protection whereas psychiatric distress is less
well protected.

- Harm to property
o Protected by trespass to goods and conversion, trespass to land, nuisance.

- Harm to reputation
o Protected by defamation.

- Harm to financial interests

o Protected by economic torts, such as deceit or passing off.

Practical issues with tort

- Very expensive – lawyers fees are very high, impractical route for most people
- Lengthy time period – bringing an action before the court takes time, this also
increases the cost
- Risk of not winning
- ‘Compensation culture’