6.1. Fundamentals of Tort

Part A: Concept & Definitions

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1 What is a Tort?

A tort is a civil wrong (other than a breach of contract) for which the law provides a remedy. The word comes from the French word for "wrong". Tort law is concerned with compensating the victim, rather than punishing the wrongdoer.

• Tort vs. Crime: A crime is an offense against the state/society, prosecuted by the government to punish the offender (prison/fine). A tort is a wrong against an individual, pursued by the victim (claimant) to obtain compensation (damages).
• Tortfeasor: The person who commits a tort is called a tortfeasor.
• Liability: Legal responsibility for the harm caused. In civil cases, we do not say the defendant is "guilty"; we say they are liable.

2 Negligence: The Core of Tort Law

Negligence is the most common tort. It is defined as the failure to exercise the degree of care that a person of ordinary prudence (a reasonable person) would exercise under similar circumstances. To succeed, the claimant must prove four elements:

1. Duty of Care The defendant owed a legal duty to the claimant. (Donoghue v Stevenson - "Neighbour Principle").

2. Breach of Duty The defendant failed to meet the standard of care ("Reasonable Person Test").

3. Causation The "But For" test: "But for the defendant's actions, would the harm have occurred?"

4. Harm (Damage) Actual loss or injury (physical, financial, or psychological).

PART B: INTERACTIVE EXERCISES

Exercise 1: Vocabulary Matching

Match the legal term with the correct definition.

1. Tort

Choose definition... A. The person who commits a civil wrong. B. Money awarded to a claimant as compensation. C. A civil wrong for which the law provides a remedy. D. The failure to act as a reasonable person would act. E. Legal responsibility for an act or omission.

2. Tortfeasor

Choose definition... A. The person who commits a civil wrong. B. Money awarded to a claimant as compensation. C. A civil wrong for which the law provides a remedy. D. The failure to act as a reasonable person would act. E. Legal responsibility for an act or omission.

3. Liability

Choose definition... A. The person who commits a civil wrong. B. Money awarded to a claimant as compensation. C. A civil wrong for which the law provides a remedy. D. The failure to act as a reasonable person would act. E. Legal responsibility for an act or omission.

4. Damages

Choose definition... A. The person who commits a civil wrong. B. Money awarded to a claimant as compensation. C. A civil wrong for which the law provides a remedy. D. The failure to act as a reasonable person would act. E. Legal responsibility for an act or omission.

5. Negligence

Choose definition... A. The person who commits a civil wrong. B. Money awarded to a claimant as compensation. C. A civil wrong for which the law provides a remedy. D. The failure to act as a reasonable person would act. E. Legal responsibility for an act or omission.

Exercise 2: Ordering Elements

Put the elements in the correct logical order (1-4).

Proof of Harm/Damage

Breach of Duty

Duty of Care

Causation

Exercise 3: Case Analysis

Donoghue v Stevenson: "Neighbour Principle" - Manufacturer owes duty to ultimate consumer.

Question: Who is your "neighbour" in law according to this case?

a) Only people living in the house next to you. b) Persons so closely/directly affected by my act that I ought reasonably to have them in contemplation. c) Only people who have signed a contract with you.

Exercise 4: Gap Fill

Click a word in the box, then click the blank space.

punishment compensation plaintiff prosecutor liable

"The main difference between criminal law and tort law is the objective. Criminal law seeks (1) for the offender, while tort law seeks (2) for the victim. In a criminal case, the state (represented by a (3) ) brings the action. In a tort case, the injured individual (the (4) ) sues. If the defendant loses, he is found (5) ."

Exercise 5: The "But For" Test

Scenario A (Doctor)

Patient dies of poison. Doctor didn't examine him. Even with exam, he would have died (no cure).

Is doctor the factual cause?

Correct! Patient would have died anyway.

Scenario B (Driver)

Driver speeds through red light, hits pedestrian. If stopped, pedestrian safe.

Is driver the factual cause?

Correct! But for speeding, no accident.

Ex 1: 1-C, 2-A, 3-E, 4-B, 5-D

Ex 2: 1. Duty, 2. Breach, 3. Causation, 4. Harm

Ex 3: (b)

Ex 4: 1.punishment, 2.compensation, 3.prosecutor, 4.plaintiff, 5.liable

Ex 5: A: NO, B: YES