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The law of torts

Understand the nature of the law of tort

What is a tort?

As a tort is a breach of a legal duty, there is no liability unless the law recognises that
the duty exists.

Differences between contracts and torts

A contractual relationship does not have to be established for a claim in tort to be
successful. Often the parties have never even met before. For example, in a claim for
personal injury as a result of a road accident, the parties will often have had no
previous relationship at all.

However, if a contract does exist and a tort has been committed, the claimant may
choose the remedy most appropriate.

There are two options:

 Under a valid contract, the amount of damages awarded is intended to put the
claimant back in the position he would have been in had the contract been
properly performed.

 In tort, the amount of damages awarded is intended to put the claimant in the
position he would have been in had the tortious act never taken place.

Limitation periods

 In contract the limitation period is six years from the breach of contract.

 In tort the limitation period is generally six years, but three years for personal
injury.

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