torts of law 1 1 
n uc at io Ed
fro
m
Pe ar so n Chapter 1
What is tort law? er m iss io
n
Key points In this chapter we will be looking at:
✦ What a tort is
✦ What kinds of activity tort law covers
✦ How torts compare to crimes and
✦ Some practical issues in tort law
✦ Tort and fault
✦ The relationship between tort law and human rights law
✦ The way the tort system operates in personal injury cases
pr
io
rp
breaches of contract
✦ How tort law is made
wi th ou t Introduction
Pr
oo f s:
Fi
le
no t fo
rd
ist
rib
ut
io n Imagine a young man, who we will call James, is walking along the street one day, when he is run over by a car. The car is driven by Ted, who is talking on his mobile phone and not really concentrating on his driving. James suffers a serious head injury that permanently affects his powers of thinking and concentration and, as a result, he cannot go back to his well-paid job as a computer programmer. You probably know that dangerous driving is a criminal offence, so Ted may be prosecuted and, if convicted, fined or even sent to prison. But where does that leave James? Ted’s carelessness has not only caused him serious pain and suffering but also financial loss, since at best he can only do a less well-paid job, and may even be unable to work at all. That is where tort law comes in. It offers a way for James to get compensation both for the pain and suffering, and for the financial loss, by suing Ted. Whereas the criminal law aims to punish wrongdoers on behalf of society, tort law aims to compensate the person who has suffered wrongdoing.
However, tort law does not only deal with car accidents, or even only with people who are physically injured. Just as there are lots of different crimes cover ing different types of activity and harm, there are lots of different torts too, covering a wide range of different situations where one person (or organisation) has caused harm to another or infringed their legal rights.
Just to give a few
fro
m
Pe ar so n Chapter 1
What is tort law? er m iss io
n
Key points In this chapter we will be looking at:
✦ What a tort is
✦ What kinds of activity tort law covers
✦ How torts compare to crimes and
✦ Some practical issues in tort law
✦ Tort and fault
✦ The relationship between tort law and human rights law
✦ The way the tort system operates in personal injury cases
pr
io
rp
breaches of contract
✦ How tort law is made
wi th ou t Introduction
Pr
oo f s:
Fi
le
no t fo
rd
ist
rib
ut
io n Imagine a young man, who we will call James, is walking along the street one day, when he is run over by a car. The car is driven by Ted, who is talking on his mobile phone and not really concentrating on his driving. James suffers a serious head injury that permanently affects his powers of thinking and concentration and, as a result, he cannot go back to his well-paid job as a computer programmer. You probably know that dangerous driving is a criminal offence, so Ted may be prosecuted and, if convicted, fined or even sent to prison. But where does that leave James? Ted’s carelessness has not only caused him serious pain and suffering but also financial loss, since at best he can only do a less well-paid job, and may even be unable to work at all. That is where tort law comes in. It offers a way for James to get compensation both for the pain and suffering, and for the financial loss, by suing Ted. Whereas the criminal law aims to punish wrongdoers on behalf of society, tort law aims to compensate the person who has suffered wrongdoing.
However, tort law does not only deal with car accidents, or even only with people who are physically injured. Just as there are lots of different crimes cover ing different types of activity and harm, there are lots of different torts too, covering a wide range of different situations where one person (or organisation) has caused harm to another or infringed their legal rights.
Just to give a few