ABSTRACT

The development of tort law is linked to the evolution of laws aimed at resolving conflicting social claims and interests, and at encouraging peace and order in the community. In English tort law, the essential element for negligent conduct is the breach of duty and not solely the duty of care provided. Tort law has also developed in that it may protect the environment by providing remedies against individuals and businesses with regard to air, land and water pollution in instances where it is found to constitute the tort of nuisance. The main functions of tort law are to provide compensation to the victim, loss shifting and spreading, deterrence and avoidance of behaviour that is not considered acceptable by law. The modern function of tort law is to compensate those parties that have been injured by a wrong committed by another party. An example of this could be where one person has been injured by another due to negligence.