The rules of the law of tort and theory in the law of tort

• Tort


  A civil wrong committed by one individual against another, such as injury caused by negligence
• Remedy


  What the claimant is seeking to 'right the wrong'
• Tortfeasor


  Someone who has committed a tort
• Trespasser


  A visitor who has no permission or authority to be on the occupier's land
• The tort of negligence is most commonly associated with this area of law but there are several other torts
• A claimant to a tort action is normally seeking some form of remedy, usually in the form of damages paid by the tortfeasor in order to compensate for the tort
• There are other remedies available instead of damages, such as an injunction
• To win some tort cases, the victim needs to prove that the tort has caused some harm; however, some torts are actionable per se (in themselves)
• Private nuisance


  An interference with a person's enjoyment and use of his/her land without lawful justification
• Defamation


  A false statement that ridicules a person in the eyes of right-thinking members of society
• False imprisonment


  Depriving a person of freedom of movement without lawful justification (this tort is regarded as a type of trespass to the person)
• Trespass to land


  Entering the land of another without lawful excuse
• Difference between a tort and a crime

  A tort is a private law action committed against an individual, whereas a crime is a public law action committed against the state
• Difference between a tort and a crime

  The aim of a tort action is to compensate the victim for the harm done, whereas the aim of a criminal prosecution is to punish the wrongdoer
• There are some areas of overlap between torts and crimes; for example, high-level damages in tort arguably 'punish' the defendant and there are also provisions in criminal law for the wrongdoer to financially compensate the victim
• In some areas, one incident may result in both a criminal prosecution and proceedings for tort; for example, where a victim suffers injury as a result of someone else's dangerous driving
• Corrective justice


  Sometimes known as restorative justice. It means putting a person back in the position he/she was in. This might be through the payment of damages or even the issuing of an apology - 'To right the wrong'
• Retributive justice


  Based on punishment. It aims to prevent wrongdoing. More commonly associated with criminal law
• In the law of tort, the knowledge that one might be sued for a tortious act might serve as a deterrent or encourage a higher standard of care when performing certain acts
• Fault liability


  Liability in tort is based on the idea that the defendant is, in some way, at fault
• Strict liability


  Some torts, known as strict liability torts, can be committed without the defendant being at fault in any way
• Strict liability tort


  • Rylands v Fletcher (1868)
• Strict liability offences also exist in criminal law and are contrary to the presumption of mens rea being required for the commission of a criminal offence, such as selling alcohol to someone under 18
• There are many criticisms of the system of tort