The Law of Tort
Core Reading:
Lucy Jones, Introduction to Business Law (Oxford University Press, 2011). Chapter 11 on The Tort of Negligence (Refer to pages 340 – 374). Please note that we ARE NOT going through every single areas in relation to negligence. For instance, the area on nervous shock.
Aims and Objectives: -
To enable students to appreciate the general law of tort, especially the concept of negligence;
To understand how this area applies in business context and its wider importance;
The relationship between Law of Contract and Law of Tort (Both are civil in nature)
Further Reading: -
Keenan and Riches Business Law – Part 3: Business Transactions, Chapter 11
Mortimer, T; Business Law – Lecture 10 (All Inclusive)
INTRODUCTION: -
The concept of business law primarily involves contractual matters. The concept of offer and acceptance, together with other positive criteria are vital in order to commence a legal relationship between the parties. These involves relationship between seller and buyer, employer and employee, manufacturer and distributor or even owner and visitor to the land!
Therefore, the relationship between the parties does potentially cover other aspects of law as well. For instance, a person could commence an action under tort if he suffers injury or losses as a result of the company’s negligence.
What is Tort?
1. The word “tort” is derived from the Latin word “tortus” meaning “twisted”. It came to mean, “wrong”, and it is still so used. In English the word “tort” has a purely technical legal meaning: - a legal wrong for which the law provides a remedy.
2. It is now generally accepted that the purpose of tort is to protect a person’s right and its aim is to provide compensation to those whose right has been affected.
Basis for tortuous liability
Tort has traditionally been based on principle of fault. As a general rule, the defendant will not