Introduction to tort law - Aims and functions of tort law

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Overview

Tort law is vital to civil justice, offering remedies for those harmed by wrongful acts. For SQE1 FLK1 exam candidates, understanding tort law’s aims and functions is essential. This article covers its historical context, objectives, and applications, focusing on compensation, deterrence, and justice. Through key cases and legal principles, we'll explore how tort law fits within the broader legal system, interacts with public policy and human rights, and its importance in modern practice.

Historical Development of Tort Law

Tort law's growth mirrors societal changes. Originating in medieval England, it evolved from a strict writ system to a flexible set of common law principles.

Key Historical Milestones

  1. 12th Century: Introduction of the writ system, forming the basis for today’s tort actions.
  2. 19th Century: Emergence of negligence as a distinct tort in Donoghue v Stevenson [1932] AC 562, establishing the neighbour principle.
  3. 20th Century: Expansion to include product liability and environmental torts.

The case Rylands v Fletcher [1868] UKHL 1 highlights tort law's adaptability, establishing strict liability for hazardous activities.

Main Goals of Tort Law

1. Compensation

The primary aim of tort law is to compensate victims for losses caused by others’ wrongful acts. This seeks to restore claimants to their pre-incident position as much as possible through financial means.

Types of Compensable Losses

  1. Pecuniary Losses

    • Medical expenses
    • Lost earnings (past and future)
    • Property damage
    • Cost of care
  2. Non-Pecuniary Losses

    • Pain and suffering
    • Loss of amenity
    • Loss of expectation of life

The case Heil v Rankin [2001] QB 272 addressed non-pecuniary damages in personal injury claims, setting guidelines for assessing pain, suffering, and loss of amenity.

2. Deterrence

Tort law aims to discourage negligent or harmful behavior by imposing financial consequences on offenders.

Mechanisms of Deterrence

  1. Direct Deterrence: The threat of liability discourages harmful activities.
  2. General Deterrence: Publicized cases influence societal behavior and awareness of legal standards.

Limitations of Deterrence

  • Liability insurance may reduce the deterrent effect.
  • Corporations may see tort damages as a business expense.

The case Rookes v Barnard [1964] AC 1129 set principles for exemplary damages, emphasizing their deterrence role.

3. Justice and Corrective Function

Tort law upholds ethical and legal standards, offering redress when rights are infringed.

Key Aspects

  1. Vindication of Rights: It acknowledges and protects individual rights.
  2. Moral Accountability: Holds wrongdoers accountable.
  3. Social Equilibrium: Restores balance by rectifying wrongs.

The case Ashley v Chief Constable of Sussex Police [2008] UKHL 25 highlighted tort law's role in achieving justice beyond compensation alone.

Remedies in Tort Law

1. Damages

Damages are the main remedy, compensating claimants for their loss.

Types of Damages

  1. Compensatory Damages

    • General Damages: For non-pecuniary losses (e.g., pain and suffering)
    • Special Damages: For quantifiable losses
  2. Punitive (Exemplary) Damages: To punish and deter severe misconduct

Assessment of Damages

  • Pecuniary Losses: Based on actual financial loss and projections.
  • Non-Pecuniary Losses: Guided by Judicial College Guidelines and precedents.

The case Simmons v Castle [2012] EWCA Civ 1288 resulted in a 10% increase in general damages for non-pecuniary loss in most tort cases.

2. Injunctions

Injunctions are court orders to prevent ongoing or future harm.

Types of Injunctions

  1. Prohibitory Injunctions: Prevent specific acts.
  2. Mandatory Injunctions: Require positive actions to remedy situations.

The case Miller v Jackson [1977] QB 966 exemplifies the court’s approach to balancing interests when issuing injunctions.

Alternative Compensation Systems

While tort law is central, alternative systems address its limitations:

  1. No-Fault Compensation Schemes: E.g., the Criminal Injuries Compensation Scheme
  2. Statutory Compensation Systems: E.g., Industrial Injuries Disablement Benefit

These systems aim for quicker compensation without proving fault.

Influence of Public Policy and Human Rights

Tort law is shaped by broader considerations.

Public Policy Considerations

  1. Floodgates Argument: Courts consider the potential for many claims.
  2. Economic Impact: Balancing compensation with wider economic effects.

Human Rights Influence

The Human Rights Act 1998 significantly impacts areas like privacy and defamation.

The case Campbell v MGN Ltd [2004] UKHL 22 showed the interaction between tort law and human rights, establishing a privacy tort for misuse of information.

Conclusion

Tort law’s goals of compensation, deterrence, and justice create a complex system critical for social order and safeguarding rights. For SQE1 FLK1 candidates, understanding these functions is crucial not just for exams but also for a future legal career in this key area of law.

Key points to remember:

  1. Tort law serves to compensate, deter, and achieve justice.
  2. Compensation covers both financial and non-financial losses.
  3. Deterrence can be limited by factors such as insurance.
  4. Remedies include damages and injunctions.
  5. Alternative compensation systems exist to address limitations.
  6. Public policy and human rights significantly influence tort law development.
  7. Landmark cases shape tort law principles and application.