ASSIGNMENT #1
Hanisi Kaleb Chandler
Law of Torts
82083
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Student number R2308D17010916
What is the Law of Torts concerned with and how is a tort
distinguished from other legal wrongs?
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Tort law as established is derived from Latin tortum, meaning "twisted" or "wrong"
— includes civil wrongs that are extrinsic to and independent of contracts (Steele,
2017). Its purpose is to restore losses to victims of wrongful conduct while honoring
existing law and public policy considerations (Giliker, 2018). Whereas criminal law
focuses on punishment, tort law prioritizes victim compensation (Lunney & Oliphant,
2020). Moreover, tort responsibilities do not arise by agreement, as seen in contract law,
but are instead imposed by law to ensure fairness and justice in civil society (Cooke,
2018).
Tort, Criminal, and Contract Law Differences
The distinction between tort and criminal law is largely stylistic and concerns the
enforcement organs of these rules (Klar & Jefferies, 2020). Criminal law involves the
state prosecuting offenders to protect societal interests, deter wrongdoing, and impose
penalties such as imprisonment or fines (Simons, 2020). While criminal law addresses
public wrongs, tort law is a private dispute mechanism that compensates claimants
(Giliker, 2018). For example, reckless driving that causes injury may result in both
criminal and tortious liability.
Unlike tort law, contract law seeks to uphold rights that parties voluntarily assume
(Cooke, 2018). Contractual liability arises from failing to fulfill a promise or term in a
contract, whereas tortious liability stems from breaching a duty of care imposed by law
(Lunney & Oliphant, 2020). If a party fails to perform, such as not delivering goods, they
may be liable for breach of contract. Conversely, if a manufacturer produces defective
products that cause harm, they may be liable in tort for negligence (Steele, 2017).
Classification of Torts
Different types of torts include trespass, negligence, nuisance, passing off,
defamation, and fraud (Klar & Jefferies, 2020). Some torts, like negligence, arise from
careless conduct, whereas others, such as trespass and defamation, require intentional
conduct (Giliker, 2018). Courts determine liability and remedies by evaluating the nature
of the wrong, the defendant's intent, and the scope of harm.
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Trespass
Trespass involves direct and forcible injury to a person, property, or goods
(Cooke, 2018). It comprises harm to legally protected interests, interference with
property rights, and violations of dignity, liberty, or reputation. The three main forms of
trespass include:
Trespass to land: Unauthorized entry onto another's land.
Trespass to person: Improper interference with bodily integrity, including
assault, battery, and false imprisonment.
Trespass to goods: Wrongful handling of another's possessions (Steele, 2017).
Negligence
Negligence occurs when a party fails to act reasonably under given
circumstances, resulting in foreseeable harm (Lunney & Oliphant, 2020). Donoghue v.
Stevenson (1932) established the common-law principle of duty of care, placing legal
responsibility on manufacturers toward consumers. Occupiers' liability is a subset of
negligence concerning property owners' duty of care toward visitors (Cooke, 2018).
Even trespassers should not be exposed to unreasonable harm due to an occupier's
negligence, as established in British Railway Board v. Herrington (1972). The doctrine of
res ipsa loquitur applies where an injury could not have occurred without negligence,
shifting the burden of proof to the defendant (Klar & Jefferies, 2020).
Nuisance
Nuisance is classified as either public or private. Public nuisance affects a broad
segment of society, such as air pollution or highway obstructions, while private nuisance
interferes with an individual's property rights, such as excessive noise or noxious odors
(Giliker, 2018). The rule established in Rylands v. Fletcher (1868) applies strict liability to
those who introduce hazardous substances onto land that later escape and cause
foreseeable damage (Lunney & Oliphant, 2020).
Passing Off
Passing off is a tort protecting businesses against unfair competition by
preventing misrepresentation that confuses consumers (Cooke, 2018). Erven Warnink
v. J. Townend & Sons (1979) highlighted key elements such as misrepresentation,
damage to goodwill, and consumer confusion (Steele, 2017).
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Defamation
Defamation involves false statements that harm another's reputation and is
categorized as:
Libel: Written or published defamatory statements, actionable without proof of
loss.
Slander: Spoken defamatory statements, often requiring proof of specific
damage (Simons, 2020).
Fraud
Fraud entails deliberate misrepresentation or concealment of material facts to
deceive another party, leading to financial or reputational harm (Klar & Jefferies, 2020).
Unlike negligence, fraud requires intent and actual reliance by the victim. Courts impose
strict liability for fraudulent behavior to ensure fair compensation for victims (Steele,
2017).
In conclusion Tort law, originating from tortum, encompasses rights and remedies
imposed by law rather than agreement (Giliker, 2018). It differs from contract law, which
arises from voluntary obligations. The major categories of torts include trespass,
negligence, nuisance, passing off, defamation, and fraud (Cooke, 2018). Landmark
cases such as Donoghue v. Stevenson (1932) established negligence liability, while
Rylands v. Fletcher (1868) imposed strict liability on hazardous land use. Defamation
protects reputations from false statements, and fraud penalizes intentional deception.
Ultimately, tort law serves to redress grievances and uphold legal order in civil society
(Lunney & Oliphant, 2020).
References
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Cooke, J. (2018). Law of torts. Oxford University Press.
Giliker, P. (2018). Tort law. Routledge.
Klar, L. N., & Jefferies, C. (2020). Tort law in Canada. Carswell.
Lunney, M., & Oliphant, K. (2020). Tort law: Text and materials. Oxford University Press.
Simons, K. W. (2020). The concept of intention in tort law. Cambridge University Press.
Steele, J. (2017). Tort law: Text, cases, and materials. Oxford University Press.
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