Update 13th September 2024: Our systems are now restored following recent technical disruption, and we’re working hard to catch up on publishing. We apologise for the inconvenience caused. Find out more
WHAT IS A TORT?
A tort is a wrongful act or omission, for which compensation or other remedy can be awarded to C (the claimant, or the person aggrieved) against D (the defendant, or tortfeasor). The corpus of Tort law, in general, excludes wrongs which are remediable as a breach of contract (albeit that some claims may give rise to concurrent liability in contract and in tort), a crime (albeit that occasionally a tort may also be a crime), an equitable cause of action, or a restitutionary cause of action.
The word ‘tort’ is derived from the Old French, tortus, meaning ‘twisted’ or ‘crooked’, and from the medieval Latin, tortum, meaning ‘wrong’ or ‘injustice’. Hence, the definition above aptly conveys that a great many causes of action fit under the Tort law ‘umbrella’.
The corollary is that any shared or common characteristics among the torts – apart from the fact that all are claims for which damages are obtainable in a civil court – are nigh to impossible to identify. Indeed, it is a motley bunch of causes of action which fall within English Tort law!
The range of modern torts in English law
There are at least 33 different torts which are recognised in English law.
The following Table provides an alphabetical list of those torts which, so far as the author's searches can ascertain, represent currently-recognised torts in the English jurisdiction. Each tort is either defined (with reference to a relatively recent authority in which the tort is discussed) or is referenced to detailed analysis elsewhere in this book:
There are some causes of action, ostensibly tortious, which do not appear in the abovementioned Table, and the reasons for their exclusion are noted below:
Finally, as a matter of terminology, some so-called torts are merely generic, or compendious, terms for a ‘bunch’ of individual torts. To clarify:
Disparities among the torts
There are numerous disparities across the torts, such that a common or shared characteristic among them is virtually impossible to identify.
This section highlights ten (10) disparities across the torts arising in English law:
i. Actionable per se versus proof of damage. For those torts which have, as their principal aim, the protection or vindication of C's rights, they are actionable without proof of damage.
Review the options below to login to check your access.
Log in with your Cambridge Higher Education account to check access.
There are no purchase options available for this title.
If you believe you should have access to this content, please contact your institutional librarian or consult our FAQ page for further information about accessing our content.