Source: Unlocking Torts
I as under the wrong impression that the concept of tort came from France. Now I realise that it has been there is England since Norman times and it has grown incrementally!
After reading this chapter, you should able to have understanding of the following:
1) Meaning of tort and its origin (Civilian lawyers should note that there is no code for torts in England)
2) Functions and purpose of tort law (unlike Contract, the purpose is also 'deterrence' please note)
3) Interests protected by tort law (ie personal security, property, reputation, economic interest)
4) Various parties to torts and subtle differences in them (eg The state under the Crown Proceedings Act, minors, child under Congenital Disabilities (Civil Liabilities) Act, married person under the Husband and Wife Act, corporations, partnerships, insane persons, etc
5) Tort and mens rea, relationship other laws such as contract law
6) Alternative remedies such as ADR, insurance
7) Fault and no-fault (strict liability), joint and several liability, Civil Liability (Contribution) Act
8) Tort and Human Rights Convention (Article 3, 8 nd 13) and Human Rights Act 1998
I think Tort and Human Rights Act is the most important and novel of all the topics here.
Of all torts, I think negligence is the most important topic for exams. Here is a short youtube video which may give you a good push to move forward. Of course I will deal with negligence in greater detail in my future posts.
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