ABSTRACT
J Understand the basic character of torts J Understand the basic principles of tortious liability J Understand the basic aims of tortious liability J Understand the basic interests protected by the Law of Torts J Understand the relevance of specific mental states in pursuing tort actions J Discriminate between fault liability and no fault liability J Discriminate between joint liability and several liability and understand how and
why contributions can be made between different tortfeasors
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 writer of this book inclines 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. Although some modern torts have been created by statute, the law is still generally to be found in common law principles. The origins of torts can be traced back to the fourteenth century when the word ‘trespass’ was given a much wider legal meaning than it has today. It originally referred to ‘any direct and forcible injury to the person, land or property (chattels)’. Trespass was one of two medieval forms of action, the second being ‘trespass on the case’ or simply ‘case’. Case covered ‘injury which was consequential to a wrong but the wrong was neither forcible nor direct’.
