The word “tort” comes from the Latin tortus, meaning “wrong.” Tort law deals with breaches of duties that exist independently of contract. Unlike criminal law, which punishes offenders on behalf of the state, tort law is concerned with private rights and provides civil remedies, usually compensation (damages).

Main purposes:

• Compensation – to restore victims to the position they were in before the harm (restorative justice).

• Deterrence – to discourage careless or harmful behaviour.

• Accountability – to hold wrongdoers responsible for their actions.

• Justice – to ensure fairness between individuals in society.

Most torts are based on fault, the defendant must have acted negligently, intentionally, or without lawful excuse. The law imposes a duty of care on individuals to act reasonably to avoid causing foreseeable harm to others.

However, some torts (such as Rylands v Fletcher) impose strict liability, meaning liability exists even without proof of fault.

• Negligence – failure to take reasonable care, leading to harm (Donoghue v Stevenson [1932]).

• Occupiers’ Liability – duty owed by those who control premises to visitors or trespassers (Wheat v Lacon [1966]).

• Nuisance – unlawful interference with the use or enjoyment of land (Sturges v Bridgman [1879]).

• Rylands v Fletcher – strict liability for escape of dangerous things.

• Trespass – direct, intentional interference with person, land, or goods (Collins v Wilcock [1984]).

• Vicarious Liability – employer’s liability for torts of employees (Lister v Hesley Hall [2001]).