Introduction - Tort Law
Definitions
Tort - delict / delictum = wrong
Tort Law - the law of wrongs
* the law of civil wrong generates liability in private law
Distinctions
Tort
civil law or private law - to person
pay damages - seeking damages
civil proceeding: one person brings an claim/action
Crime
criminal law or public law - to person + society
worthy of punishment - seek the punishment
criminal proceeding state brings a prosecution
* the same conduct may give rise to both 【criminal + civil liability】
* decided the liability outght to exist between the parties 【before the court】
civil liability - Tort + contract + unjust enrichment - heart of private law
Classification
【1】rights or interests
in tort law (statement)
【2】defendant's conduct - fault
intentional torts
deliberately or intend
strict or absolute liability
no the above two
A common modern classification
table
a law of independent causes of action in tort
Negligence
the failure to live up to the standard of care
reasonable person would have exercised in all the circumstances
Intention
deliberate (P intended to do)
reckless (P turned a blind eye to the risk’s occurrence)
negligence will be the preferred cause of action - no need to prove
Strict liability
impose by statute
strict liability (where D is liable subject to a defence (eg necessity) that may be available),
absolute liability (where there are no defences to liability)
moral paternalism, autonomy and economic efficiency
Breach of Contract
The plaintiff can sue both defendants but can recover only one award of damages
concurrent liability - otherwise in contract
Objectives
compensation, deterrence, loss distribution, economic efficiency
1 policy model / compensation model
2 rights model
Justification
persons should be held accountable for their conduct.
exception: Plaintiffs (no less than defendants) need to take responsibility for their conduct.
others: Lord Atkin’s famous neighbour principle is clearly grounded in morality
