ABSTRACT

Q Understand the basic character of torts Q Understand the basic principles of tortious liability Q Understand the basic aims of tortious liability Q Understand the basic interests protected by the Law of Torts Q Understand the relevance of specifi c mental states in pursuing tort actions Q Be able to discriminate between fault liability and no fault liability Q Be able to discriminate between joint liability and several liability and understand

how and why contributions can be made between different tortfeasors Q Understand how human rights legislation impacts on the Law of Torts

1.1 The origins of tort The law of tort, or torts, is part of the English common law which has developed incrementally since Norman times. Academic writers are not agreed whether there is a law of tort or a law of torts. A law of tort implies some general common rules relevant to all parts of the law. A law of torts recognises that there are various separate and distinct aspects but also implies that the separate parts have something in common. The writers of this book incline to the idea that there is a law of torts, each tort being governed by similar underlying principles. It is a nice subject for a debate but of little practical importance.