Law of Tort
Law of Tort
Law of Tort
Overview
Objective
To place the law of tort in context In world legal systems In UK law
Characteristics of UK law
Long history of common law Slow and gradual development Crucial importance of precedent Centralised court structure Importance of judges Equitable remedies No code Little Roman Law influence Adversarial procedure
TERMINOLOGY
Common law and civil law Common law and equity Common law and statute Case names Names of parties Outcomes
Law of tort
Deals with claims by private persons against others (individuals, organisations etc) Main objective is compensation Some equitable remedies available Long history mostly case law - still developing Some recent legislation Importance of fault principle Negligence accounts for most claims Underpinned by insurance Judicial policy very influential - now also human rights Distinguish contract and criminal law