Tort law

Tort law refers to the law of civil wrongs, as distinguished from criminal wrongs. A tort is a negligent or intentional civil wrong not arising out of a contract or statute. Actions taken for torts are civil actions brought by one individual against another individual (as distinguished from criminal prosecutions brought by the police in the name of the State). Tort law incorporates various causes of action. Where a claim is established under tort law the courts can award remedies, including damages and injunctions.

The main, and most common, tort is negligence. Negligence is a tort in which the law says that in certain relationships in society one person is said to have a duty of care towards another, and when they fail to reasonably exercise that duty of care, and harm or loss results to the other person as a consequence, that person has been negligent.

The tort of nuisance occurs when a person interferes with another person’s use and enjoyment of their land.

The tort of defamation occurs when a person publishes an untrue statement to a third party about another person which is damaging to that person’s reputation. Libel and slander are different types of defamation.

Statutory torts arise from duties imposed by legislation, such as product liability and occupiers’ liability.

Intentional torts are any intentional acts that are reasonably foreseeable to cause harm to an individual, such as assault, battery, false imprisonment, and fraud.

Property torts involve any intentional interference with the property rights of the claimant, including trespass and conversion. The tort of trespass occurs where a person unlawfully intrudes upon or interferes with another’s person or property.

There is also a category of economic torts which protect people from interference with their trade or business. This includes the doctrine of restraint of trade and the tort of misrepresentation; however, these have been largely subsumed by statute and contract law.

If you would like to obtain legal advice on tort law, Contact Law can put you in touch with local specialist civil litigation solicitors free of charge. So, if you have any questions or would like our help in finding local specialist civil litigation solicitors please call us on 0800 1777 162 or complete the web-form above.