Law of torts

The essentials

A tort is a civil wrong, other than a breach of contract or trust, for which the usual remedy is unliquidated damages. Tort law is largely judge-made and based on English common law. It protects interests such as bodily safety, reputation, property and enjoyment of land. Unlike criminal law, the wronged person (the plaintiff) brings the action and receives compensation.

Key points

• Negligence: breach of a duty of care causing damage. Donoghue v. Stevenson (1932) established the "neighbour principle".
• Nuisance: unlawful interference with a person's use or enjoyment of land (for example, constant loud noise or smoke).
• Trespass: direct, unjustified interference with a person, land or goods.
• Defamation: injury to reputation by a false statement – libel (permanent form) and slander (spoken).
• Strict liability (Rylands v. Fletcher, 1868): a person who keeps a dangerous thing on land is liable if it escapes and causes harm, subject to defences such as act of God.
• Absolute liability (M.C. Mehta v. Union of India, 1987): an enterprise engaged in hazardous activity is absolutely liable for harm, with no exceptions allowed.
• Vicarious liability: an employer is liable for torts of an employee in the course of employment.
• Defences: volenti non fit injuria (consent), act of God, inevitable accident, private defence, necessity.
• Remedies: damages, injunction, and in some cases self-help.

Exam tips

• Contrast strict liability (some exceptions) with absolute liability (no exceptions) – a favourite question.
• Remember that tort damages are unliquidated, i.e. fixed by the court.

Common mistakes

• Confusing a tort with a crime: the same act may be both, but the proceedings and outcomes differ.
• Thinking libel must be in writing only; any permanent form, such as a film, can be libel.