LAW OF TORT Overview

Objective To place the law of tort in context In world legal systems In UK law

Characteristics of UK law Long history of common law Slow and gradual development Crucial importance of precedent Centralised court structure Importance of judges Equitable remedies No code Little Roman Law influence Adversarial procedure

TERMINOLOGY Common law and civil law Common law and equity Common law and statute Case names Names of parties Outcomes

Law of tort Deals with claims by private persons against others (individuals, organisations etc) Main objective is compensation Some equitable remedies available Long history – mostly case law - still developing Some recent legislation Importance of “fault principle Negligence accounts for most claims Underpinned by insurance Judicial policy very influential - now also human rights Distinguish contract and criminal law

CIVIL AND CRIMINAL LAW CIVIL LAW Compensation Day in Court Deterrence Civil standard of proof Specific outcomes Specific terminology CRIMINAL LAW Punishment Retribution Deterrence Criminal standard of proof Specific outcomes Specific terminology

TORT AND CONTRACT Different objectives Different relationships between parties Different outcomes Different rules on causation and remoteness of damage Different rules about e.g. “notice” More statutory intervention in contract Liability more often strict in contract Note that the two areas of law are drawing together

TORTS DEFINED BY INTERESTS PROTECTED – for example Land Person Reputation Privacy? Good Over-arched by negligence

DEFINED BY AREAS OF LIABILITY Premises Employers Use of land Professional responsibility Statutory duties Products

MAIN AREAS FOR STUDY Negligence Occupiers’ liability Torts relating to land Torts involving animals Employers’ liability Product liability Privacy Defamation Remedies Defences in tort Criticisms and reforms