Sources of law

Tort

A civil wrong, other than a breach of contract, that the law gives the injured person a right to sue for.

Definition

A tort is a civil wrong recognised by law that gives rise to a right of action for compensation (damages) or other remedies. Unlike contract law, there is no requirement for an agreement between the parties — the duty arises from the law itself. Major categories of tort include negligence (a failure to take reasonable care causing foreseeable loss), nuisance (interference with enjoyment of land), defamation (damage to reputation), trespass (to person, land or goods), and statutory torts such as breach of the Occupiers' Liability Act 1957. Most personal injury claims — road accidents, workplace accidents, clinical negligence — are brought in tort, not contract. The claimant must prove that the defendant owed them a duty of care, breached it, and that the breach caused their loss.

In practice

Tort claims usually have shorter limitation periods than contract claims — personal injury claims must be brought within three years of the date of injury or knowledge under the Limitation Act 1980. Preserve evidence from day one. Insurance is often the practical route to recovery: for road accidents, the defendant's motor insurer; for workplace accidents, the employer's liability insurer; for clinical negligence, the NHS Resolution scheme.

Related terms