What Is Tort Law? A Clear Guide to Civil Wrongs Like Negligence, Defamation, and Nuisance

The word “tort” is not one which you will see regularly in the newspapers or hear on TV, but you may be a little more familiar with words such as “negligence”, “nuisance” and “libel”.

Few people either realise that these are individual torts or that there may be general principles which underpin these civil wrongs to which a specific name in given.

Torts are civil wrongs which include:

• Negligence: Causing physical injury and/or economic loss through a failure to exercise reasonable care
• Defamation: A defamatory statement is one which is untrue, and which tends either (a) to lower a person in the estimation of right-thinking members of society generally; or (b) to expose a person to hatred ridicule or contempt; or (c) to disparage a person in his or her office, profession, calling, trade or business.
• Trespass to Land: Unauthorised entry onto another person’s land.
• Nuisance (Private): Unlawful interference with a person’s enjoyment or use of their land.
• Conversion: Dealing with goods in a manner inconsistent with the rights of the true owner.
• Trespass to Goods: Direct and unlawful interference with another person’s possession of goods.

Objectives of Tort

The two objectives of tort law can be identified as:

Deterrence – The idea of individual deterrence is that the defendant will change their behaviour and be deterred from causing a similar accident in the future.

Compensation – In relation to compensation, it is generally accepted that the main aim of tort is to compensate victims and to try to put them into a position they would have been prior to the defendant committing the tort.

Tort and Crime

Tort is part of the civil law and the correct terminology should be used. In criminal law the state prosecutes a person, who is found guilty or not guilty. The purpose of the proceedings is to punish the guilty person.

In tort cases an individual or organisation (the claimant) sues the defendant who is found liable or not liable.

Differences between Tort and Criminal Law	Tort	Crime
Aim	Deterrence/Compensation	Deterrence/Punishment
Parties	Claimant v Defendant	Prosecution v Accused
Result	Defendant liable or not liable	Accused guilty or not guilty
Standard of proof	Balance of probabilities	Beyond a reasonable doubt
Competent court (first instance)	Civil courts (judges only)	Criminal courts (judge and jury)

How can Pinney Talfourd help?

We act for both individuals and companies in cases relating to the above mentioned torts.  If you, or your business are looking for expert legal advice in this area, please contact either Nick Hatchett or Emma Hardie within our commercial litigation team on 01277 211 755 who will happily assist you with any questions you may have.