Introduction to tort law - Aims and functions of tort law

Learning Outcomes

This article outlines the primary objectives and functions of tort law within the English legal system. For the SQE1 assessment, you need to understand the key purposes behind tort law, principally compensation and deterrence, and how these differ from other areas like contract and criminal law. Understanding these foundational concepts will help you analyse tortious liability scenarios presented in SQE1-style multiple-choice questions.

SQE1 Syllabus

For SQE1, you are required to understand the fundamental nature and role of tort law. This includes appreciating its main aims and how it operates to provide remedies for civil wrongs. While specific questions solely on the aims might be less common, this understanding underpins your ability to analyse liability in various torts. Pay attention to:

  • The primary objectives of tort law, particularly compensation and deterrence.
  • The distinction between tort law, contract law, and criminal law regarding their purposes.
  • How the principles of tort law function to address civil wrongs and protect certain interests.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following best describes the primary aim of awarding damages in tort?
    1. To punish the defendant for wrongful conduct.
    2. To restore the claimant to the position they were in before the tort occurred.
    3. To deter the general public from committing similar wrongs.
    4. To establish a new legal principle.
  2. A key function of tort law is deterrence. Which of the following illustrates general deterrence?
    1. A specific defendant being ordered to pay substantial damages, making them unlikely to repeat the tort.
    2. A manufacturer improving its product safety standards after a competitor faced a large product liability claim.
    3. A court issuing an injunction against a specific defendant to prevent future harm.
    4. A claimant receiving compensation for their injuries.
  3. How does tort law primarily differ from criminal law in its objectives?
    1. Tort law deals with intentional acts, while criminal law deals with negligence.
    2. Tort law aims to compensate individuals, while criminal law aims to punish offenders and protect the public.
    3. Tort law requires proof beyond reasonable doubt, while criminal law uses the balance of probabilities.
    4. Tort law remedies are limited to financial damages, while criminal law can impose imprisonment.

Introduction

Tort law is a significant area of civil law concerned with providing remedies for wrongs committed by one party against another. Unlike criminal law, which focuses on punishment by the state, or contract law, which deals with breaches of agreements, tort law primarily addresses breaches of duties imposed by law, leading to harm. Understanding the core aims and functions of tort law is essential for tackling the complexities of civil liability assessed in SQE1.

Key Term: Tort A civil wrong, independent of contract, for which the primary remedy is typically an award of damages. It involves the breach of a duty imposed by law, resulting in damage to the claimant.

The Aims of Tort Law

Tort law serves several functions within the legal system and society. While these functions can sometimes overlap or even conflict, the main objectives are generally recognised as compensation and deterrence.

Compensation

The principal aim of tort law is to provide compensation for the harm suffered by the claimant due to the defendant's wrongful act. The goal is restitutio in integrum – to restore the claimant, as far as possible through a monetary award (damages), to the position they would have been in had the tort not been committed.

Key Term: Compensation A sum of money awarded to a claimant in civil proceedings to make amends for a wrong they have suffered, aiming to restore them to their pre-tort position.

This involves quantifying the claimant's losses, which can include:

  • Pecuniary losses: Financial losses such as medical expenses, lost earnings (past and future), and the cost of repairing or replacing damaged property.
  • Non-pecuniary losses: Losses that are not easily quantifiable in monetary terms, such as pain and suffering, loss of amenity (enjoyment of life), or damage to reputation (in defamation cases).

Worked Example 1.1

Aisha is involved in a car accident caused entirely by Ben's negligent driving. Aisha suffers a broken arm, requiring medical treatment and time off work. Her car is also damaged. What losses would compensation aim to cover?

Answer: Compensation would aim to cover Aisha's medical expenses (pecuniary), her lost earnings while unable to work (pecuniary), the cost of repairing her car (pecuniary), and an amount for her pain and suffering due to the broken arm (non-pecuniary). The goal is to restore her financial and physical position to what it was before Ben's negligence.

Deterrence

Another major function of tort law is deterrence. By imposing liability and requiring the payment of damages, tort law aims to discourage both the defendant (specific deterrence) and other members of society (general deterrence) from engaging in similar wrongful conduct in the future.

Key Term: Deterrence The aim of discouraging potential wrongdoers from committing torts through the threat of legal liability and potential financial consequences.

  • Specific Deterrence: Aims to prevent the actual defendant from repeating the tortious behaviour. The prospect of paying damages or facing other sanctions may make the defendant more careful in the future.
  • General Deterrence: Aims to discourage society at large from similar conduct by highlighting the potential legal consequences through publicized cases and judgments.

Exam Warning

While deterrence is a recognised aim, its effectiveness is debated. Factors like the availability of insurance (which can shield defendants from the full financial impact) or situations where potential damages are seen as a 'cost of doing business' can limit the deterrent effect. For SQE1, focus on compensation as the primary aim.

Other Functions

Tort law also serves other functions, although these are often seen as secondary to compensation and deterrence:

  • Corrective Justice: It provides a mechanism for acknowledging a wrong has occurred and holding the wrongdoer accountable, aiming to correct the injustice between the parties.
  • Vindication of Rights: Legal action in tort allows claimants to assert and protect their rights (e.g., the right to bodily integrity in trespass to the person, or property rights in nuisance).
  • Loss Distribution: Tort law, particularly through liability insurance, can function to spread the cost of accidents and losses across society or specific groups, rather than letting it fall solely on the victim or the tortfeasor.

Relationship with Other Areas of Law

Understanding the aims of tort law is clearer when contrasted with other related areas.

Tort vs Contract Law

While both are branches of civil law, the source of the obligations differs:

  • Tort: Duties are primarily fixed by law and are generally owed to persons generally (e.g., the duty not to injure one's 'neighbour').
  • Contract: Duties arise from a voluntary agreement between specific parties.

The aim of damages also differs. Contract damages typically aim to put the claimant in the position they would have been in had the contract been performed (protecting expectation interests), whereas tort damages aim to restore the claimant to their pre-tort position.

Tort vs Criminal Law

These areas address wrongful conduct but serve different purposes:

  • Tort: Focuses on providing remedies (usually compensation) to the injured individual. Proceedings are brought by the claimant against the defendant. The standard of proof is the balance of probabilities.
  • Criminal Law: Focuses on punishing conduct deemed harmful to society as a whole. Proceedings are typically brought by the state (Crown Prosecution Service). The standard of proof is beyond reasonable doubt.

It is important to note that the same act (e.g., an assault) can give rise to both criminal liability and tortious liability (battery).

Key Point Checklist

This article has covered the following key knowledge points:

  • Tort law provides remedies for civil wrongs, primarily through compensation.
  • The main aim of tort damages is restitutio in integrum – restoring the claimant to their pre-tort position.
  • Deterrence, both specific and general, is another key function, aiming to prevent future torts.
  • Other functions include corrective justice, vindication of rights, and loss distribution.
  • Tort duties are generally imposed by law, unlike contractual duties which arise from agreement.
  • Tort law focuses on individual compensation, whereas criminal law focuses on punishment by the state.

Key Terms and Concepts

  • Tort
  • Compensation
  • Deterrence
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