Tort Law Research Area
You are free to use this Tort Law section to help with your tort research, tort essays and writing tort law dissertations.
The History of Tort Law
Derived from Latin, the concept and principles of tort have developed quite steadily through the years so that, from the late 1950’s onwards, incentives and deterrence’s have been emphasized with tort’s aim identified as being the efficient distribution of risk as part of what is often described as the ‘law and economics movement’. But then it is also important to appreciate that the law of tort has since come to effectively refer to a body of law that looks to provide remedies for civil wrongs that are not derived from contractual duties in the intervening period. As a result, this effectively means that someone who is legally injured may use the principles involved with tort to recover damages from someone who is ‘liable’ for those injuries that is said to arise from a breach of a duty that has been primarily fixed by law that is held towards others generally, with a breach that is considered to be redressable through the award of damages.
Therefore, with this in mind, the concept of tort law effectively defines what is considered a legal injury, and establishes the circumstances whereby an individual may be held liable for another’s injury resulting from either intentional acts or accidents. Consequently, on this basis, in England, following the traits first established within the precepts of Roman Law many centuries ago, this legal system domestically has long been based on nominate torts including assault and battery that stands in sharp contrast to the more ‘open’ Continental approach to tortuous liability.
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Sections of interest for Tort Law
Please click on a tort law section starting with "The Most Famous Tort Cases".
- Negligence - Click here to View
- Duty of Care
- Breach of Duty
- Proximity & Remoteness
- Recognised Harm in Fact (‘Causation’)
- Novus Actus Interveniens - Click here to View
- The Victim’s Contribution
- Third Party’s Inadvertent Contribution
- Third Party’s Deliberate Contribution
- Intentional Torts - Click here to View
- Assault
- Battery
- The Intentional Infliction of Emotional Distress
- Fraud
Economic Torts - Click here to View
Economic Loss - Click here to View
- Defences to Claims in Tort - Click here to View
- Vicarious Liability
- Volenti Non Fit Injuria
- Contributory Negligence
- Illegality (‘ex turpi causa non oritur actio’)
Tort Law Cases
- AB v. Leeds Teaching Hospital NHS Trust [2004] EWHC 644 (QB)
- Alcock v. The Chief Constable of South Yorkshire [1992] 1 AC 310
- Blyth v. Birmingham Waterworks (1856) 11 Exch 781
- Bolam v. Friern Hospital Management Committee [1957] 2 All ER 118
- Bolitho v. City & Hackney Health Authority [1997] 4 All ER 771
- Bolton v. Stone [1951] AC 850
- British Railways Board v. Herrington [1972] AC 877
- Cattle v. Stockton Waterworks Co (1875) LR 10 QB 453
- Christopher Andrews v. Barnett Waddingham LLP and Raj Waddingham [2006] EWCA Civ 93
- Cooke v. Midland Great Western Railway of Ireland [1909] AC 229
- Donoghue v. Folkestone Properties Ltd [2003] 2 WLR 1138
- Donoghue v. Stevenson [1932] AC 562
- Entick v. Carrington (1765) 19 St Tr 1029
- Giles v. LCC (1903) 68 JP 10
- Gough v. Thorne [1966] 3 All ER 398
- Hall v. Brooklands Auto-Racing Club (1933) 1 KB 205
- Hedley Byrne & Co Ltd v. Heller & Partners Ltd [1963] 2 All ER 575
- Home Office v. Dorset Yacht Co Ltd [1970] AC 1004
- Hughes v. Waltham Forest Health Authority [1991] 2 Med LR 155, CA
- Jebson v. Ministry of Defence [2000] 1 WLR 2055 (CA)
- Jolley v. Sutton London Borough Council [2000] 1 WLR 1082
- Jones v. Fay (1865) 4 F & F 525,
- Lamb v. Camden LBC [1981] QB 625
- Landau v. Werner (1961) 105 Sol Jo 1008, CA
- Lochgelly Iron & Coal v. M’Mullan [1934] AC 1
- McFarlane v. E.E. Caledonian Limited [1994] 2 All ER 1
- McFarlane v. Tayside Health Board [2000] SC (HL) 1
- McLoughlin v. O’Brian [1983] 1 AC 410
- Miller v. Jackson [1977] QB 966
- Mogul Steamship Co. Ltd v. McGregor, Gow & Co. (1889) LR 23 QBD 598
- Montgomery v. Murphy (1982) 136 DLR (3d) 525
- Morin v. Bonhams & Brooks [2004] 1 All ER (Comm) 880
- Mullin v. Richards [1998] 1 All ER 920
- Murphy v. Brentwood D.C. [1991] AC 398
- Nance v. British Columbia Elwy [1951] AC 601
- National Coal Board v. England [1954] AC 403
- Nettleship v. Weston [1971] 3 All ER 581
- Paris v. Stepney Borough Council [1951] 1 All ER 42
- Pitts v. Hunt [1990] 3 All ER 344
- Protea Leasing Limited v. Royal Air Cambodge Company Limited [2002] EWHC 2731 (Comm)
- R v. Cheshire [1991] 3 All ER 670
- R v. Dear (1996) CLR 595
- R v. Dudley & Stephens (1884) 14 QBD 273
- R v. Ghosh [1982] QB 1053
- R v. Malcherek [1981] 1 WLR 690
- R v. Notman [1994] Crim LR 518
- R v. Pagett (1983) 76 Cr App R 279
- R v. Preddy [1996] AC 815
- R v. Sofroniou [2003] Crim LR 381
- Ratcliffe v. Plymouth & Torbay Health Authority [1998] Lloyd’s Rep Med 162, CA
- Revill v. Newberry [1996] 1 All ER 291
- Roe v. Minister of Health [1954] 2 All ER 131
- Rootes v. Shelton [1968] ALR 33
- Rylands v. Fletcher (1866) LR 1 Exch 265
- S.C.M Ltd v. W.J. Whittall [1971] 1 QB 344
- Sidaway v. Bethlehem Royal Hospital Governors [1984] 1 All ER 1018
- Sindell v. Abbott Laboratories (1980) 607 P 2d 924
- Smith v. Leech Brain & Co. (1962) 2 QB 405
- South Australia Asset Management Corporation v. York Montague Ltd (SAAMCO) (1997) AC 191
- Taff Vale Railway v. Amalgamated Society of Railway Servants [1901] AC 426
- The Wagon Mound (No 1) [1961] AC 388 (PC)Tomlinson v. Congleton Borough Council [2004] 1 AC 46
- Tremayne v. Hill [1987] RTR 131
- Watt v. Hertfordshire County Council [1954] 2 All ER 368
- Wells v. Cooper [1958] 2 All ER 527
- White v. Chief Constable of the South Yorkshire Police [1999] 1 All ER 1
- Wilsher v. Essex Area Health Authority [1986] 3 All ER 801
- Wilson v. Governor of Sacred Heart Roman Catholic Primary School [1997] EWCA Civ 2644
- Yorkshire Dale Steamship Co v. Minister of War Transport [1942] AC 691
Tort Law - Table of Statutes
- Animals Act 1971
- Compensation Act 2006
- European Convention on Human Rights 1950
- Fatal Accidents Act 1976
- Fraud Act 2006
- Human Rights Act 1998
- NHS Redress Act 2006
- Occupiers’ Liability Act 1957
- Occupiers’ Liability Act 1984
- Private International Law (Miscellaneous Provisions) Act 1995
- Theft Act 1968
- Theft Act 1978
- Trade Disputes Act 1906
- Negligence essay
Official Tort Documents
- The Law Commission ‘The Illegality Defence in Tort’ Consultation Paper No.160 (2001
Bibliography - Tort Law
- Curzon. L. B ‘Dictionary of Law’ 5th Edition, Pitman Publishing (1998)
- Davies. P ‘The NHS in the UK 2007/08: A Pocket Guide’ The NHS Confederation (2007)
- Deakin. S, Johnston. A & Markesinis. B. S ‘Markesinis & Deakin’s Tort Law’ Clarendon Press (2003)
- Gardiner. S ‘Sports Law’ 2nd Edition, Cavendish Publishing Ltd (2001)
- Halsbury’s Laws of England’ Lexis Nexis, Butterworths (2007
- Lord Woolf ‘Access to Justice – Final Report’ (July 1996) London, HMSO
- McIlwaine. L ‘Tort Reform & the “Compensation Culture”’ (2004) 4 JPI Law 239
- Morris. S ‘Jodie & Mary: The point where the law, ethics, religion and humanity are baffled’ The Guardian Sat. Sept. 9th 2000
- Weir. T ‘Tort Law’ Oxford University Press (2002)
- Withey. C ‘Comment - The Fraud Act 2006 - Some Early Observations & Comparisons with the Former Law’ (2007) 71 JoCL 220
