LAW IN BUSINESS

Law In Business

Law in Business

Nature of Tort

A tort is a species, of civil crime. The distinction between civil and criminal wrongs depends on the nature of the appropriate remedies provided by law. A civil wrong is one which gives rise to civil proceedings which have as their purpose the enforcement of some right claimed by the plaintiff as against the defendant. Criminal proceedings, on the other hand, are those which have for their object the penalty of the defendant for some act of which he is accused. (p8 Salmond )

The Law of torts is concerned with those situations where the conduct of one party causes or threatens harm to the interests of other parties. (p3 Street on Torts )

The difference between a claim in tort and contract

The function and the anomalies, of torts as a system of loss distribution in society are illustrated when we consider the overall provision made for the compensation of personal injuries that means whether the victim can successfully in establishes that his injuries are someone else's "fault , ".

As for contracts, the claim is on compensation, on breach of the contract between contracting parties, the remedies available are

Damages

Rescission

Specific Performance

Injunction

Rectification

As for torts, the general remedies are

Damages

Self-help, distress damage

Injunction

Specific Restitution, , of Property

How to classify torts

We may classify torts in various heads, one kind of grouping by Harry Street

Tort of Negligence

Tort of Strict Liability

Intentional Torts (which include trespass to person, good, land. Also interference with economic interests, deceit, intimidation, passing off and intellectual property interest)

Duty of Care in Negligence

Elements of Negligence

Duty of care

Breach of that duty

Subsequent damages

Donoghue v Stevenson 1932 AC 562

- A friend purchased a bottle of ginger beer for the plaintiff at a cafe. The plaintiff poured some of the contents into a tumbler and drank them, then she poured the remainder and out of the bottle floated a decomposed snail. The plaintiff suffered severe shock and become very ill. She sued the manufacturer in negligence as a consequence.

- Held There was no contractual duty between the plaintiff and the manufacturer but the manufacturer of an article or of food or medicine or the like was under a legal duty to the ultimate consumer or purchaser to take reasonable care so that the article was free from defect, to cause injury to health.

-Lord Atkin " You must take reasonable care to avoid acts or omissions which you can sensibly foresee would be expected to injure your neighbour. Who then in regulation is my neighbour ? The response appears to be persons who are so closely and directly influenced by my proceed that I ought reasonably to have them in contemplation, as being so affected when I am administering my brain to the actions or omissions which are called in question."

Anns v Merton 1977

- X & Y wanted to sue the local authority, whether their action could succeed depends on whether they could establish that the local authority owns them a duty of care and had ...