Tort Law

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A tort is a civil wrong that can be remedied by awarding damages (other

remedies may also be available). These civil wrongs result in harm to a


person or property that forms the basis of a claim by the injured party. The
harm can be physical, emotional or financial. Examples of torts include
medical negligence, negligent damage to private property and negligent
misstatements causing financial loss.
There are many specific torts, such as trespass, assault and negligence.
Business torts include fraudulent misrepresentation, interference in
contractual relations and unfair business practices.
Torts fall into three general categories: intentional torts (e.g. unfair
competition), negligent torts (e.g. causing an accident by failing to obey
traffic rules) and strict liability torts (e.g. liability for making and selling
defective products).
Why some wrongs are dealt with by tort law (or the law of torts) and others
considered criminal offences is the subject of some debate. However, there
are certainly overlaps between tort law and criminal law. For example, a
defendant can be liable to compensate for assault and battery in tort and also
be punished for the criminal law offence of assault.
Differences between tort law and criminal law include: the parties involved (the state
brings an action in crime, a private individual brings an action in tort); the standard of
proof (higher in criminal law); and the outcomes (a criminal action may result in a
conviction and punishment, whereas an action in tort may result in liability on the part
of the defendant and damages awarded to the claimant1).
The primary aims of tort law are to provide relief for the harm suffered and
deter other potential tortfeasors from committing the same harms. The
injured person may sue for both an injunction to stop the tortious conduct
and for monetary damages.
Depending on the jurisdiction, the damages awarded will be either compensatory or
punitive. Compensatory damages are intended, as far as it is possible, to put the
victim in the position he or she would have been in had the tort not occurred. Punitive
damages are awarded to punish a wrongdoer. As well as compensation for damage to
property, damages may also be awarded for: loss of earnings capacity, future
expected losses, pain and suffering and reasonable medical expenses.

(US) plaintiff

5 Use the collocations you formed in Exercise 4 to complete these sentences.


1 While a crime such as murder or shoplifting is a wrong committed against society, a
tort is a...................................................committed against an individual.
2 Torts are handled in the civil courts, where the....................................brings an
action against the wrongdoer.
3 In most cases, the injured party is entitled to remedies under the law, such as
4 In medical malpractice cases, the damages awarded to the injured party may
include lost wages and....................................

Unit 3 Tort law

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