Introduction
to Torts
Craig Purshouse
craigjp@[Link]
Textbooks and
reading
Recommended textbook:
• Nicholas J McBride and Roderick Bagshaw, Tort Law, 7th
edn (Pearson 2024).
Other textbooks are also suitable (e.g. Winfield and Jolowicz,
Street on Torts, Mulheron, Glofcheski).
Journals
• Generalist journals: Modern Law Review; Law Quarterly
Review; Oxford Journal of Legal Studies; Cambridge Law
Journal; Legal Studies; Hong Kong Law Journal.
• Specialist journals: Tort Law Review (Australia); Torts Law
Journal (Australia); Journal of Personal Injury Law; Journal
of Professional Negligence; Medical Law Review.
Assessment
• Two in-person examinations.
• Each worth 50% of the final
grade.
• One essay (from choice of 2) and
one problem (from choice of two)
on semester one topics. Same
format for semester 2.
• Any topic covered in lectures and
tutorials could feature on the
exams.
• See the course outline for a
detailed schedule.
• Semester 1: negligence and
occupiers’ liability.
Course • In semester 1, tutorials start in
outline week 3.
• Semester 2: intentional torts;
land-based torts; vicarious
liability and non-delectable
duties; defences; remedies.
Expectations
• The onus is on you to attend lectures.
• Tutors are your first port of call for questions.
• Do not expect tutors to repeat what has been covered in
lectures.
• Tutorials are the opportunity for you to check your
understanding.
• Make sure you do the reading!
• Try not to be late!
The elusive
search for a
definition
• ‘Tort’ is derived from Old French
and medieval Latin and means
‘twisted’ or ‘wrong’.
• The law of civil wrongs.
• “Tort is what is in the tort books,
and the only thing holding it
together is their binding” (Weir).
• But what, then, should be in the
tort books?
vs breach or contract or criminal offence
• Part of private law (as
opposed to public law)
• Part of the law of obligations
(with contract and unjust
enrichment).
The place of • The ‘dustbin of the law of
torts in the law obligations’?
What tort law is not
• Contract law.
• Unjust enrichment.
• Equitable wrongs.
• Criminal wrongs.
• Public law.
• Tort law allows P to obtain a
remedy when D’s (wrongful/
sanctioned) conduct interferes
with or harms one of P’s
A rough protected interests.
definition
• Personal interests (negligence,
battery, assault, Wilkinson v
Downton).
• Property interests (trespass to land
and chattels, nuisance, negligence,
conversion).
Protected • Liberty (false imprisonment).
interests • Economic interests (negligence, the
‘economic’ torts).
• Contractual interests (inducing
breach of contract).
• Reputation (defamation).
Protected interests
• Bradford Corpn v Pickles [1895]
AC 587: D built shafts and
tunnels on his land which
diverted percolating water away
from P’s spring.
• HL: D was entitled to use his
land in this way and P had no
entitlement to the water.
Breach of an
obligation/sanctioned conduct
• Negligence.
• Intention.
• Malice.
• Strict liability.
Remedies
• Damages. money
• Injunctions. nuisance
• Self-help (e.g. abatement of a
nuisance).
No simple formula
• A law of tort or a law of torts?
• It is difficult to find many common characteristics
among the different torts (similar to criminal law).
• There is no general principle of liability (c.f. contract
law).
• At least 33 torts (Mulheron).
Sources of tort law
• Common law
• Statute/ordinances
• Remedying harm (see the
comments of Lord Bingham in
Fairchild v Glenhaven Funeral
Services).
The • Deterrence/ guiding conduct (see
Scout Association v Barnes).
purpose(s) correctie justice: hospital erroneously reported negative sperm count, did not use contraception,
•produced
Justice unwanted child, claim for child rearing cost
(see Lord Steyn in
McFarlane v Tayside).
of tort law • Vindicating rights (see Ashley v
Chief Constable of Sussex; Lord
Hope in Chester v Afshar).
Criticisms of tort law
• Compensation/blame culture (see Lord
Hobhouse in Tomlinson v Congleton
BC).
• Defensive practices (see Lord Keith in
Rowling v Takaro and Hill v CC of West
Yorkshire; Lord Scarman in Sidaway v
Bethlehem Royal Hospital Governors).
• The role of insurance.
• Expensive.
• A ‘damages lottery’ (Atiyah).
• The persuasiveness of these criticisms
might depend upon one’s view of the
purpose of tort law.
Alternatives to tort law
• Insurance.
• Social security benefits.
• Alternative compensation schemes.
Confused?
• If this all seems confusing –
please do not worry.
• It will make more sense once
you start learning about the
individual torts…..
• …..provided you do the
reading!
