What is Tort Law?

Tort law is an essential aspect of law studies, but it may seem confusing to begin with. If you are a university student and are trying to understand what it means, then you have come to the right place because we at Locus Assignments are here for you as your assignment helper,  UK, and we will describe tort law in the simplest form possible. 

Whether it be an essay, an exam, or just an idea that you truly want to get your head around, we will take you through everything from tort law meaning to types of tort law, its elements, and some real-world examples. Moreover, this blog will help you to study faster, write better, and be more confident in your coursework. So, let’s get started by understanding what tort law is. 

Tort Law Definition

Let’s begin with the basics: What is tort law? In layman’s terms, tort law is a sub-category of civil law that deals with situations in which a person’s actions, or sometimes inaction, have caused harm or loss to another person. Such acts are termed “civil wrongs”, and the person with the injury or loss can seek recovery in court. 

Tort Law Meaning: Tort law is all about accountability to another (typically a person or organisation) when their act has wrongfully harmed you. They could injure you physically, damage your property, cause you financial loss, or damage your reputation. Whereas criminal law is concerned with punishing an offender, tort law is concerned with putting the injured party in the position they were prior to the wrong.

Aims of Tort Law

Having explained what tort law is, let's examine the goals of tort law. Why does tort law exist? Here are the main objectives: 

Restoration of the plaintiff: The main goal is to get the injured party back to the position they were in before the injury in the first place, typically through financial compensation (damages for the injury). 

Deterrence of wrongful conduct: Tort law deters all members of society from acting irresponsibly by making them pay when they cause harmful results. 

Justice: Tort law offers people their form of justice whenever they feel they have been wronged, which is independent of criminal courts.

Protection of rights: Tort law protects our rights to a person’s right to safety, to own property, and to have a reputation.

Clarification of legal duties: Tort law clarifies what others are expected to do as part of their legal duties, and when everyone is compliant, it makes society as a whole a safer place.

When you are engaged in your tort law studies, being aware of the purposes of tort law can help you develop a stronger understanding of all assignment questions. If you would like some assignment assistance related to tort law goals, our assignment helper team is here to help.

Types of Torts

There are many different types of torts that you will encounter during your course. Understanding the various types of torts will help you handle assignment questions and case studies:

Negligence: The most common type of tort. It occurs when a person does not take sufficient care, and as a result, the careless act or omission results in harm to another person. Examples of negligence are car accidents or medical injuries.

Intentional Torts: Intentional torts are deliberate actions that cause harm, for example: assault, battery, false imprisonment, and defamation.

Strict Liability: Strict liability is when a person does not have to intend to cause harm or be careless for them to be liable for harm. Strict liability often arises as a result of dangerous activities or defective products.

Nuisance: Nuisance refers to situations that involve a person's unreasonable acts which interfere with another person's enjoyment or use of their property. Examples of nuisances include loud noises or discharges contaminating the environment.

Trespass: Trespass is going onto or interfering with someone else's land or property, even if actual harm is not or has not been committed.

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Elements of a Tort Case

There are several elements in a tort case that would need to be established in order to succeed in the tort case. The following is what you need to know:

Duty of Care: The Defendant (D) owed a duty in law to the Claimant (C). For instance, drivers must provide a duty of care in relation to the other users of the road.

Breach of Duty: The D breached the duty by either acting carelessly or by contravening the regulations or the law.

Causation: There must be a causal link between the breach of duty and the harm suffered.

Damages: The C must have either suffered some harm or loss.

It is important that you have a good understanding of these elements for your assignments etc. If you would like to speak with an assignment helper UK, who can help assist you, we will be happy to share some real examples with you.

Types of damages awarded 

When a person wins a tort case, the court can award various kinds of damages. Here is a brief overview.

Nominal Damages: They are small amounts of money to acknowledge a wrong happened, even though there was little to no loss.

Compensatory Damages: They are money given to somebody to compensate them for actual loss, such as medical costs as a result of an accident or lost wages.

Aggravated Damages: They are the additional compensation because of anxiety or injury caused by the actions of the defendant.

Exemplary/Punitive Damages: They are a larger sum of money meant to punish the wrongdoer and deter others from acting similarly.

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Defences to Tort Actions.

Not every tort claim is successful. There are various defences a defendant could potentially raise, including:

Contributory Negligence: If the claimant acted carelessly, they could reduce the amount of damages.

Voluntary Assumption of Risk (Volenti): If the claimant voluntarily accepted a known risk, they may not be able to claim damages.

Illegality: If the loss was caused during the commission of an illegal act, the claim could fail.

The defences can sometimes be challenging to understand, but your assignment helper UK can help break this down into your assignments.

Tort Law versus Criminal Law

Understanding how tort law is different from criminal law can help clarify the issue:

Tort law is concerned with wrongs done to individuals and aims to make the victim whole through compensation.

Criminal law is concerned with offences against society and aims to punish the offender.

In tort cases, the standard of proof that the claimant must show is the "balance of probabilities."  In criminal cases, the standard of proof is "beyond a reasonable doubt."

Most tort cases will be heard by a judge only and not by a jury.

If you are ever unsure about the difference between tort law and criminal law, ask our assignment writer in the UK to help with your assignment in the UK.

Conclusion

What is tort law? It is a method of regulating the legal system for the protection of people when some harm is inflicted on them as a result of someone else's actions. It gives you a good understanding of the tort law definition and the goals of tort law. This should help you understand how the legal system operates outside of the criminal courts, or at least offer some sense of justice.

If you're still questioning, ”How do I apply all this to my assignment?”, we can help! At Locus Assignments, we provide professional support with our assignment help UK service. Whether it is any assignment or a full essay you need assistance with, our UK assignment writers are here to work with you.