law of torts

A tort is a civil wrong. Tort law imposes liability for breaches of legal duty against private interests and private rights. As such, the law of torts imposes responsibility for acts where the interests of an individual where his rights have been impinged upon by another member of society. The most well known torts are defamation and the tort of negligence. There are many others.

In general terms, tort law endows a person with rights that give rise to compensation in the event that wrong acts are committed against them. The area of law serves to prevent harmful conduct to their pecuniary interests, interests in their bodily integrity (such as prevention of harm to themselves or false imprisonment), privacy, reputation, and property (both tangible and intangible) interests.

Each tort requires satisfaction of particular elements to give rise to liability. Some torts are of strict liability, some require infliction of intentional harm, others are made out by proving unreasonable conduct on the part of the defendant to engage liability on the part of the defendant.

Amongst others, it is a tort to:

1. induce a breach of contract.
2. interfere with trade.
3. defame a person.
4. pass off one’s business as that of another;
5. use a third party’s copyright, trade mark, patent rights in the absence of a licence from the owner of those rights;
6. commence a malicious prosecution.

The vast majority of torts require the claimant to suffer damage. A limited number of torts are actionable even where no actual damage has been suffered or proved. So, where the defendant has commissioned the relevant tort and infringed the claimant’s rights is actionable per se. They include:

1. Trespass to land;
2. Trespass to goods;
3. Trespass to the person;
4. Actions in nuisance, for actions obstructing rights to light or rights of way;
5. Libel.

The general rules however is that a claimant must prove damage in order to bring successful claim.

Liability in tort may be distinguished liability imposed by contract law by recognising that rights granted in contract law arise as the result of an agreement voluntarily entered into two or more parties. Liability in tort however applies automatically at law, as the result of the circumstances existing between potential litigants.

Usage: The law of torts creates civil liability for actionable wrongs.

Related Words: strict liability; damages; breach of statutory duty; vicarious liability; occupiers' liability; wrongful interference with goods; procuring a breach of contract; intimidation; unlawful interference; conspiracy; tort of negligence; malicious falsehood; passing off; copyright infringement; trade mark infringement; malicious prosecution; conversion; tort of deceit; trespass to land; nuisance; defamation.