An Overview Guide to Tort Law

Tort law is one of the foundations of civil law, shaping how our legal system addresses harm, rights, and responsibilities. Whether you’re a law student revising for exams, a legal professional brushing up on fundamentals, or someone simply interested in how the law works, understanding tort law is essential.

In this guide, we’ll break down what tort law is, the main types of torts, and why it matters in practice.

What Is Tort Law?

The word “tort” comes from the Latin tortus, meaning “twisted” or “wrong.”In legal terms, a tort is a civil wrong that causes a claimant to suffer loss or harm, leading to legal liability for the person who committed the wrongful act. Tort law is separate from criminal law.

• Criminal law punishes wrongdoing against the state.

• Tort law compensates individuals for harm caused by others.

The aim? To restore the injured party, as far as possible, to the position they were in before the harm occurred - usually through monetary damages.

The Main Categories of Tort Law

Tort law covers a wide range of wrongful acts, but it is often divided into three main categories:

1. Negligence

Negligence is the most common tort. It occurs when someone fails to take reasonable care, resulting in harm to another.

Key elements of negligence:

1. Duty of Care – The defendant owed the claimant a legal duty.

2. Breach of Duty – The defendant breached that duty by acting (or failing to act) as a reasonable person would.

3. Causation – The breach caused the harm (both factual and legal causation).

4. Damage – The claimant suffered a loss (physical, financial, emotional).

Example: A driver runs a red light and hits a pedestrian.

2. Intentional Torts

These involve deliberate actions that cause harm.

Examples include:

• Assault and battery

• False imprisonment

• Trespass to land or goods

• Defamation (libel and slander)

Here, the key point is intent - the defendant meant to commit the act, even if they didn’t intend the exact harm that resulted.

3. Strict Liability Torts

In strict liability, the defendant can be held liable regardless of intent or negligence.

Examples:

• Keeping dangerous animals

• Product liability under the Consumer Protection Act 1987

• The rule in Rylands v Fletcher (liability for escape of dangerous things from land)

These cases often involve inherently risky activities where the law imposes a higher standard of responsibility.

Other Important Areas Within Tort Law

• Nuisance – Interference with someone’s enjoyment of land (public or private nuisance).

• Occupiers’ Liability – Duty of landowners or occupiers to keep visitors safe.

• Economic Torts – Wrongful acts causing financial loss (e.g. inducing breach of contract).

• Vicarious Liability – Employers being held liable for torts committed by employees in the course of their employment.

Landmark Tort Law Cases

Understanding tort law often means knowing its leading cases. Some key examples include:

• Donoghue v Stevenson [1932] – Established the modern duty of care in negligence.

• Caparo Industries v Dickman [1990] – Refined the test for duty of care: foreseeability, proximity, and whether it’s fair, just, and reasonable to impose liability.

• Rylands v Fletcher [1868] – Created strict liability for escape of dangerous things.

Why Tort Law Matters in Practice

Tort law has a real-world impact in:

• Personal injury claims – e.g., road traffic accidents, workplace injuries

• Medical negligence – cases involving breach of professional duties by healthcare providers

• Defamation cases – protecting reputation in print and online

• Environmental claims – pollution and nuisance actions

For lawyers, tort law is a crucial part of advising clients, assessing risks, and seeking remedies.

Tort Law in Medico-Legal Contexts

At Apex Experts, tort law underpins much of our medico-legal work. Clinical negligence, for example, is simply a form of negligence tort applied to healthcare.

Our expert witnesses assess:

• Whether there was a breach of duty

• If that breach caused harm

• The extent of damages

Instructing the right expert at the right stage can be the difference between a strong claim and one that fails for lack of evidence.

Final Thoughts

Tort law is about balance - protecting individuals from harm while recognising that not all harm is actionable. Understanding its principles helps lawyers, students, and even non-lawyers see how the law assigns responsibility and offers remedies.

Whether it’s a simple road accident or a complex medical negligence case, the core principles of duty, breach, causation, and damage remain the backbone of tort law.