Nature of Torts
1. Meaning and Nature of Torts
A Tort is a civil wrong, other than breach of contract, which causes harm or loss to another person and for which the law provides a civil remedy, usually compensation.
The nature of torts is best understood by looking at its characteristics and principles.
2. Characteristics / Features of Torts
Civil Wrong
A tort is a civil wrong, not a criminal one. The injured party sues the wrongdoer for compensation.
Case Law: Rylands v. Fletcher (1868) – Defendant liable for escape of water that flooded plaintiff’s land. It’s a civil liability, not criminal.
Infringement of Rights
Torts involve violation of a legal right of a person, e.g., right to life, property, reputation.
Case Law: Donoghue v. Stevenson (1932) – Right to safety established; manufacturer owes duty to consumer.
Legal Remedy
The purpose of tort law is to provide compensation, restitution, or injunction, not punishment (unlike criminal law).
Case Law: Ashby v. White (1703) – Plaintiff wronged by official’s refusal to allow voting; court granted remedy.
Fault or Wrongful Act
Generally, tort arises from a wrongful act or omission, although some torts (strict liability) do not require fault.
Case Law: Rylands v. Fletcher (1868) – Strict liability tort; no need to prove negligence.
Unintentional or Intentional
Torts can be intentional (battery, defamation) or unintentional (negligence).
Case Law (Intentional): Collins v. Wilcock (1984) – Intentional battery in minor contact.
Case Law (Negligence): Donoghue v. Stevenson (1932) – Unintentional harm due to negligence.
Compensation over Punishment
Tort law focuses on compensating the victim, not punishing the defendant.
Case Law: Livingstone v. Rawyards Coal Co (1880) – Compensation awarded for negligence in mining operations.
Social Purpose
Torts encourage social responsibility by making people accountable for their actions.
Case Law: Hedley Byrne v. Heller (1964) – Liability arises for negligent misstatement affecting financial dealings.
Civil Standard of Proof
The plaintiff must prove the tort on the balance of probabilities, not “beyond reasonable doubt” (which applies in criminal cases).
Case Law: Bolam v. Friern Hospital Management Committee (1957) – Standard of care in professional negligence.
3. Classification Based on Nature
Intentional Torts
Acts done deliberately to cause harm.
Examples: Assault, battery, false imprisonment, defamation.
Case Law: Collins v. Wilcock (1984) – Touching without consent amounted to battery.
Negligent Torts
Harm caused by carelessness or failure to take reasonable precautions.
Example: Donoghue v. Stevenson (1932) – Manufacturer negligent in ensuring safety of product.
Strict Liability Torts
Defendant is liable even without fault.
Example: Rylands v. Fletcher (1868) – Liability for non-natural use of land causing escape of harmful substance.
Economic / Pure Economic Torts
Causing financial loss by wrongful means.
Case Law: Hedley Byrne v. Heller (1964) – Negligent misstatement causing financial loss.
Torts Affecting Person
Harm to physical or mental integrity.
Examples: Assault, battery, false imprisonment.
Torts Affecting Property
Harm to land, goods, or property rights.
Case Law: Kelsen v. Imperial Tobacco Co (1957) – Trespass to property.
Torts Affecting Reputation
Defamation (libel and slander).
Case Law: Lillie v. Bournemouth – Comments on public officials must be fair and honest.
4. Key Principles of the Nature of Torts
Every person is liable for their own acts
Principle of personal liability applies unless exceptions like vicarious liability.
Case Law: Vaughan v. Menlove (1837) – Defendant liable for negligent acts.
Fault is generally essential
Except in strict liability, fault or intention is required.
Case Law: Rylands v. Fletcher (1868) – Exception to fault principle.
Tort is a civil wrong, not a crime
Remedy is usually compensation, injunction, or restitution.
Case Law: Ashby v. White (1703) – Plaintiff compensated for wrongful act.
Public Policy Consideration
Tort law balances individual rights with societal interests.
Case Law: Hedley Byrne v. Heller (1964) – Professional duty of care in financial matters.
✅ Summary
Nature of Torts: Civil wrong, causing injury, remedy provided by law, may be intentional or unintentional.
Purpose: Protect rights, ensure compensation, encourage responsibility.
Key Cases:
Donoghue v. Stevenson (1932) – Negligence and duty of care.
Rylands v. Fletcher (1868) – Strict liability.
Collins v. Wilcock (1984) – Battery.
Ashby v. White (1703) – Remedy for civil wrong.
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