What is Tort Law?
Tort law governs civil wrongs where one party’s wrongful act, accidental or intentional, causes harm or loss to another. The law provides remedies in the form of monetary compensation for the injured or aggrieved party.
Damages awarded can include:
- Loss of property
- Medical expenses
- Mental or physical suffering
- Loss of income
- Punitive damages (to punish the wrongdoer and deter similar actions)
Tort law applies to most civil claims, excluding contractual disputes. Its primary objective is to offer relief for wrongful acts and restore the injured party to their original position as much as possible.
Advantages of Tort Law
- Compensation for Harm: Provides financial relief to victims of wrongful acts.
- Liability: Makes a wrongdoer answerable for himself or herself on account of such act or omission.
- Deterrence: Checks careless behaviour by bringing punishment for negligence or malicious conduct.
- Compensation to Victim: Provides for a legal procedure to redress grievances and seek indemnity.
- Remedial Sanction: Assures protection for individuals' personal property, health, and well-being by providing recourse for violations.
- Promotes Better Practices: Encourages manufacturers, service providers, and professionals to adopt higher safety standards.
Examples and Real-Life Applications
Case Study: Self-Driving Car Incident (2016)
After swerving to avoid sandbags, a Google self-driving car collided with a public transit bus in Mountain View, California.
- Under tort law, the manufacturer could be liable for vehicle design or software defects.
- Such incidents highlight the evolving scope of tort law in addressing technology-related harms.
Other Examples:
- Medical malpractice (negligent tort).
- Defamation (intentional tort).
- Harm caused by hazardous chemicals from a factory (strict liability tort).
Key Takeaways
- Torts in Emerging Technologies: Increasing focus on tort claims related to AI, self-driving cars, and cybersecurity breaches.
- Climate Change Litigation: Growing lawsuits against corporations for environmental harm under tort law principles.
- Expansion of Strict Liability: Strict liability rules are applied more widely to protect the consumer by coming into effect for pharmaceuticals and electronic industries.
- International Adoption: Many countries are strengthening tort laws to align with global standards and address cross-border disputes.
