Law of Torts in UK

Definition of Tort

(law) a civil wrong arising from an act or failure to act, independently of any contract, for which an action for personal injury or property damages may be brought

Damages

General Rule: Damages are to be recovered once and for all, claimant cannot bring another case to the court simply because damages occured to be more serious than he thought during the first trial.

Kinds of Damages:

Contemptuous: ( usually 1 new penny) Court decided that right of claimant has ben infringed but he either deserved what the defendant did or the bare legal claim he made was observed very low by the court.

Kinds of Damages

Nominal: Claimant's legal rights has been infringed, his conduct is not opent o criticism but he has suffered no actual damage yet still has a complete cause for action ( torts actionable per se) i.e Trespass to Land. Standard sum of Nominal damages is between 5 and 10 £

Kinds of Damages

Aggravated and exemplary:awarded to Punish the Defendant, Controversial

Measure of Damages

Restitutio in Integrum rule: The sum of the recompensation should be such that it put the injured party as close to the position it would be if no wrong occured as possible.

Measure of Damages

Additionally, Claimant may not claim damages for any loss that could be prevented by a reasonable steps taken by him. What is reasonable is a question of fact in each case. Even if it has to be remembered that there would be no case if not the wrongdoer, the standard of reasonablesness is not a high one.

Summary

Tort is a non-criminal offense It can be raised even if no actual loss occured It aims at attempting to restore the situation

from before the wrongful act

Author: Marcin Franc