The Law of Tort

Abstract

A tort is a civil wrong. The law of tort, like contract, is part of the civil law and has been developed from common law principles. Unlike the law of contract there is no complete body of rules which apply to all torts in the way that all contracts are governed by the same general principles. There are some similarities between contract and tort but also substantial differences. In civil jurisdictions, contract and tort tend to be grouped together as the Law of Obligations. A claim in tort is concerned with the adjustment of losses while the remedy sought is damages. The plaintiff is seeking compensation for loss to property, reputation, pocket, physical injury or some other interest protected by the law. This may be in the form of an act, omission or the giving of advice. There can be an overlap between tortious liability and other areas of law, while certain factual circumstances may result in a civil action in tort and also in criminal proceedings. Common examples include road traffic accidents and accidents at work. In such circumstances each set of proceedings is dealt with differently, one aiming to compensate the victim and the other to punish the wrongdoer. Liability in contract is dependent upon the existence of an agreement, while duties in tort are imposed automatically by the law. The same act may be a tort and a breach of contract. A person who commits a tort is known as a tortfeasor.