AN OVERVIEW OF THE LAW OF TORTS

Topic of the day

- Tort compared with some other laws

- The forms of action

- The classification of torts

TORT COMPARED TO SOME OTHER LAWS

Torts differ from other areas of law such as contract law and criminal law. While contract law deals with voluntary agreements between parties and the enforcement of those agreements as discussed in the case of Carlill v Carbolic Smoke Ball Company (1893), tort law focuses on civil wrongs and provides remedies for harm caused by the actions or omissions of others as seen in the case of Donoghue v Stevenson (1932). Criminal law, on the other hand, addresses offenses against society as a whole and involves the prosecution of individuals by the state for violating criminal statutes as illustrated in the case of R v. Dudley and Stephens (1884).

THE FORMS OF ACTION

In tort law, the forms of action have evolved over time. Historically, common law actions included trespass, trespass on the case, and assumpsit.

1. Trespass: This form of action covered direct and intentional interference with another person's body or property without lawful justification. See the case of Ashby v. White (1703) which exemplified this action.

2. Trespass on the Case: This broader form of action addressed indirect or consequential harm caused by the defendant's negligence or other wrongful conduct. It encompassed a wide range of torts, including negligence and deceit. See the case of Donoghue v. Stevenson (1932) which is a notable example of a case falling under this category.

3. Assumpsit: While primarily associated with contract law, assumpsit was also used to address certain tortious conduct, particularly those involving obligations implied by law rather than by express agreement.

THE CLASSIFICATION OF TORTS

Torts are classified into several categories based on the nature of the wrongful conduct:

1. Intentional Torts: These involve deliberate actions that cause harm to another person or their property. Examples include assault, battery, trespass to land, and trespass to chattels. See the case of Cole v. Turner (1704) for battery, and the case of Stephens v. Myers (1830) for assaults.

2. Negligence: Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. The key elements include duty of care, breach of duty, causation, and damages. See the case of Donoghue v. Stevenson (1932) which exemplifies the principle of negligence.

3. Strict Liability: In strict liability torts, the defendant is held responsible for harm caused to the plaintiff regardless of fault or intent. Common examples include liability for defective products and liability for keeping dangerous animals. While there might not be specific cases or sections directly associated with strict liability, it's a recognized category within tort law.