Tort Law
Civil wrongs including negligence, nuisance, defamation, and occupiers' liability.
Introduction
Tort law concerns civil wrongs — acts or omissions that cause harm to another person, giving the injured party the right to claim compensation (damages). Unlike criminal law, which punishes offenders, tort law aims to restore the claimant to the position they would have been in had the tort not occurred. The most significant tort is negligence, established in the landmark case of Donoghue v Stevenson [1932]. Other important torts include nuisance (private and public), defamation (libel and slander), trespass, and occupiers' liability.
Core Principles
Duty of Care — A defendant owes a duty of care where harm is reasonably foreseeable, there is sufficient proximity between the parties, and it is fair, just, and reasonable to impose a duty (Caparo Industries v Dickman [1990]).
Breach of Duty — The defendant must fall below the standard of care expected of a reasonable person in their position. Relevant factors include the likelihood of harm, severity of potential injury, cost of precautions, and social utility (Bolton v Stone [1951]).
Causation — The claimant must show that 'but for' the defendant's breach, the harm would not have occurred (Barnett v Chelsea & Kensington Hospital [1969]). Legal causation requires the damage not to be too remote (The Wagon Mound [1961]).
Vicarious Liability — An employer is liable for torts committed by employees acting in the course of their employment (Lister v Hesley Hall [2001]).
Occupiers' Liability — Occupiers owe different duties to lawful visitors (Occupiers' Liability Act 1957) and trespassers (Occupiers' Liability Act 1984).
Defamation — A false statement that damages a person's reputation. Libel (written) and slander (spoken) are governed by the Defamation Act 2013, which requires claimants to show serious harm to reputation.
Private Nuisance — Unreasonable interference with a person's use or enjoyment of their land. The court balances the nature of the locality, duration, and sensitivity of the claimant (Sturges v Bridgman [1879]).
Contributory Negligence — Damages may be reduced where the claimant's own negligence contributed to their injury (Law Reform (Contributory Negligence) Act 1945).
Key Statutes
Occupiers' Liability Act 1957
Occupiers' Liability Act 1984
Defamation Act 2013
Law Reform (Contributory Negligence) Act 1945
Consumer Protection Act 1987
Leading Cases
Common Scenarios
Slipping on a wet floor in a supermarket
The occupier owes a 'common duty of care' under the Occupiers' Liability Act 1957 to ensure visitors are reasonably safe. If no warning signs were displayed and the floor was left wet for an unreasonable time, the supermarket may be liable in negligence.
Injury caused by a defective product
Under the Consumer Protection Act 1987, the manufacturer is strictly liable for damage caused by a defective product — the claimant need not prove negligence. Alternatively, a negligence claim can be brought under Donoghue v Stevenson principles.
Neighbour's noisy construction works
Persistent, unreasonable noise may constitute a private nuisance. The court considers the locality, time of day, duration, and whether it materially interferes with the use and enjoyment of your land. Remedies include damages and injunctions.
False accusation published online
A defamatory statement published online may give rise to a libel claim under the Defamation Act 2013. The claimant must show the statement caused or is likely to cause serious harm to their reputation. Defences include truth, honest opinion, and public interest.