A tort is a civil wrong, other than a breach of contract, for which the law provides a remedy in the form of damages or another type of relief. Tort law is designed to address and remedy wrongs done by one party to another. Unlike criminal law, where the state prosecutes the wrongdoer, tort law involves a private dispute between individuals, organizations, or entities. In this article we shall discuss the concept of Rights in Tort Law.

A tort is a violation of a person’s legal rights or an infringement on someone’s protected interests. It is not a criminal offense but a private wrong that can lead to civil litigation. In tort law, a person who commits a wrong (called the tortfeasor) may be held liable, meaning they are legally responsible for compensating the injured party for the harm they have caused. The primary remedy in tort law is the awarding of damages (financial compensation). In some cases, other remedies like injunctions (court orders to stop or refrain from doing something) or restitution (restoring the injured party’s position) may be granted.

In the law of torts, the concepts of rights and duties are foundational. A tort occurs when there is a violation of a legal right owed by one party to another, which stems from a corresponding legal duty.

Rights in Tort Law

In tort law, rights refer to the legal entitlements individuals have that are protected by law. When these rights are infringed or violated by another person or entity, the injured party can seek remedies, usually in the form of damages or other relief, through a civil lawsuit. The rights protected by tort law stem from common law, statutes, and societal expectations, and they are essential for maintaining personal autonomy, property ownership, and social order.

Types of Rights in Tort Law:

In tort law, various types of rights are protected through legal claims, with the goal of compensating individuals for harm or injury caused by others’ wrongful conduct. These rights can broadly be categorized into several types:

Right to Personal Safety and Bodily Integrity:

Individuals have the right to be free from physical harm or the threat of harm. Torts like assault, battery, and false imprisonment are designed to protect these personal rights.

• Bodily Integrity: Protection against physical harm (e.g., assault, battery).
• Mental Well-being: Protection against emotional or psychological harm (e.g., intentional infliction of emotional distress).
• Freedom of Movement: Protection from being unlawfully confined or restrained (e.g., false imprisonment).

Right to Property:

The law protects a person’s right to use, enjoy, and possess their property without interference. Property-related torts include trespass, nuisance, and conversion and include:

• Trespass to Land: Protects against unauthorized entry onto someone’s land.
• Trespass to Chattels: Protects personal property from unauthorized use or interference.
• Conversion: Protection against the wrongful taking or control of someone else’s property.
• Nuisance: Protects against unreasonable interference with the use or enjoyment of one’s property (e.g., noise, pollution).
• Private Nuisance: The right to enjoy one’s property without unreasonable interference from others, such as excessive noise or pollution.

Right to Reputation:

Everyone has the right to protect their reputation and dignity from wrongful harm. This right is safeguarded by defamation laws.

• Defamation (Libel and Slander): Protects against false statements that harm one’s reputation.
• Invasion of Privacy: Protection against the wrongful intrusion into an individual’s private life or affairs.

Right to Privacy:

Modern tort law recognizes an individual’s right to privacy, which means people have the right to be free from unwarranted intrusion into their personal lives. Privacy-related torts include:

• Intrusion upon seclusion: The right to be free from unwarranted invasions into personal space, activities, or affairs.
• Public Disclosure of Private Facts: The right to keep personal, private matters from being publicly disclosed without consent.
• Misappropriation of Name or Likeness: The right to control the use of one’s identity for commercial purposes.

Right to Economic Interests:

Individuals and businesses also have rights related to their economic interests, which are protected by certain torts. These are rights related to the financial interests of individuals or businesses. Torts that protect economic rights include:

• Negligent Misrepresentation: Protects against financial loss caused by reliance on false information provided negligently.
• Fraud (Deceit): Protection against intentional deception for personal gain.
• Interference with Contractual Relations: Protects a party from third parties interfering with existing contracts.
• Interference with Prospective Economic Advantage: Protects future business relationships or opportunities from unlawful interference.

Rights Related to Autonomy and Dignity:

These torts recognize an individual’s right to be free from unjust intrusion or interference in their personal life and decisions:

• Invasion of Privacy: Includes claims like appropriation of name or likeness, intrusion upon seclusion, public disclosure of private facts, and false light.
• Misuse of Legal Process: Protects individuals from malicious prosecution or abuse of the legal system.

Statutory Rights:

Certain rights are created by statutes, and tort claims can arise when these rights are violated:

• Consumer Protection Rights: Protect consumers from unfair or deceptive business practices.
• Environmental Rights: Claims for environmental damage or harm due to pollution or other harmful activities.
• Civil Rights: Protections against discrimination, abuse of power, or violations of constitutional rights.

Relational Rights:

These rights involve harm caused to the relationships between individuals, such as:

• Loss of Consortium: Protects the relational interest in a spouse’s companionship and affection.
• Parental Rights: Protects parents’ rights when their relationship with their child is harmed, such as through alienation or abduction.

Right to Not Be Harmed by Negligence:

Tort law recognizes the right to not suffer harm due to another person’s carelessness or failure to exercise reasonable care. This right is the foundation of negligence claims. For example, you have the right to expect that other drivers will obey traffic laws and take care to avoid accidents.

Each of these rights can be enforced through various tort claims, depending on the nature of the harm and the wrongdoer’s actions. Tort law aims to restore victims to their position before the harm occurred by providing compensation or other remedies.

Characteristics of Rights in Tort Law:

The rights protected in tort law possess several important characteristics that shape how they are defined, enforced, and remedied in the legal system.

Private Nature of Rights:

• Individual-Centric: Tort law primarily protects the rights of individuals, rather than the public as a whole. The claims arise from personal harm or injury to an individual’s body, property, or reputation.
• Private Litigation: Tort cases are brought by the injured party (plaintiff) against the wrongdoer (defendant), rather than by the state, as is common in criminal law. The goal is typically compensation for the victim.

Actionable by Harm:

• Tangible or Intangible Harm: For a tort claim to succeed, the plaintiff must show they suffered actual harm, whether physical, financial, emotional, or reputational. Some torts require only proof of violation (e.g., trespass), but others need demonstrable injury.
• Proximate Cause: There must be a causal connection between the defendant’s wrongful conduct and the plaintiff’s harm. The harm must be a direct or foreseeable result of the defendant’s actions.

Rights are Relational:

• Between Individuals or Entities: Tort law governs rights that exist between individuals or private entities. It defines the obligations individuals owe to each other (e.g., the duty to avoid harming others’ property or person).
• No Prior Contract Required: Unlike contract law, tort law rights are independent of prior agreements. A tort claim can be made even without any prior relationship, as in the case of a traffic accident.

Fault-Based (in Many Cases):

• Intentional or Negligent Acts: Many torts require proof of fault, meaning the defendant must have acted negligently or intentionally to cause the harm. For example, negligence claims require proving that the defendant breached a duty of care, resulting in damage.
• Strict Liability in Some Torts: Some torts, like those involving inherently dangerous activities or defective products, impose strict liability, meaning fault doesn’t have to be proven. The defendant is liable simply because harm occurred under their control.

Varying Levels of Protection:

• Broad vs. Narrow Scope of Rights: Different torts offer varying levels of protection. For example, defamation protects reputational interests, but the level of protection might differ depending on whether the plaintiff is a private person or a public figure.
• Different Standards of Proof: In some tort cases, like defamation or fraud, the burden of proof might be higher (e.g., clear and convincing evidence) than in cases of simple negligence (preponderance of the evidence).

Remedies are Primarily Compensatory:

• Compensation for Losses: Tort law is largely compensatory, meaning the goal is to restore the plaintiff to the position they were in before the injury occurred. Compensation might cover medical expenses, lost wages, property damage, or emotional distress.
• Punitive Damages: In certain cases, tort law also allows for punitive damages, which are meant to punish the defendant for particularly egregious or malicious conduct and to deter similar actions in the future.

Dynamic and Evolving:

• Developed Through Case Law: Tort law is heavily reliant on judicial decisions (common law), allowing it to evolve over time as courts interpret and apply legal principles to new situations. This gives tort law a degree of flexibility to adapt to societal changes.
• Influenced by Statutes: While much of tort law is common law, some rights and causes of action are shaped or created by statutes, such as consumer protection laws or environmental regulations.

Protection of Dignity and Autonomy:

• Right to be Free from Interference: Tort law often emphasizes protecting individuals’ autonomy, including the right to be free from unwanted physical contact (battery), invasion of privacy, or interference with personal property.
• Balancing Rights: Courts often balance competing rights, such as an individual’s right to reputation against freedom of speech in defamation cases. Tort law seeks to maintain fairness in these complex scenarios.

Duty of Care in Negligence:

• Duty to Act Reasonably: In negligence cases, the concept of a “duty of care” is fundamental. Individuals have a duty to act as a reasonable person would under similar circumstances to avoid causing harm to others.
• Breach of Duty: To succeed in a negligence claim, the plaintiff must show that the defendant breached this duty of care, leading to harm.

No Requirement of Pre-existing Relationship

• Imposed by Law: Tort obligations are imposed by law rather than by agreement, unlike contractual obligations. This means that even without a contractual relationship, a person can owe another a duty of care or other legal duties.

Other Characteristics:

• Inalienability: Many rights, such as the right to bodily integrity or freedom from false imprisonment, cannot be waived or transferred. They are considered inalienable and belong to the individual inherently.
• Correlativity with Duties: Rights in tort law are usually correlated with duties. If a person has a legal right, it implies that others have a corresponding duty not to infringe upon that right. For example, if you have the right to be free from defamation, others have the duty not to make false, harmful statements about you.
• Enforceability: If someone’s right is violated, they can enforce their rights through the courts. This often leads to legal claims where the court provides remedies, primarily monetary compensation (damages) or injunctions to prevent further harm.

These characteristics define the scope of tort law, determining when and how an individual can seek legal redress for harm and what kinds of wrongs are actionable within the legal framework.

How Rights Are Enforced in Tort Law

In tort law, rights are enforced through legal procedures aimed at holding the wrongdoer (defendant) accountable for harm caused to the injured party (plaintiff). The primary goal of enforcing tort rights is to provide a remedy for the plaintiff, which typically comes in the form of compensation or other relief. Here is how the enforcement process works:

Filing a Lawsuit

• Plaintiff Initiates Action: The enforcement of tort rights begins when the injured party files a civil lawsuit in court against the party alleged to have caused harm. This complaint outlines the plaintiff’s claims, the nature of the tort (e.g., negligence, defamation, etc.), and the relief sought.
• Statute of Limitations: The plaintiff must file the lawsuit within a specified time frame known as the “statute of limitations,” which varies depending on the type of tort and jurisdiction. Failure to file within this period may result in dismissal of the case.

Pre-Trial Procedures

• Discovery: Once a lawsuit is filed, both parties engage in discovery, a process where they exchange evidence and gather facts related to the case. This may include witness depositions, document production, interrogatories (written questions), and other methods to build their respective cases.
• Motions: Either party may file pre-trial motions to resolve certain issues before trial. For example, a defendant might file a motion to dismiss if they believe the plaintiff has no legal grounds for the claim, or a motion for summary judgment if they believe the evidence overwhelmingly supports their case.

Burden of Proof

• Plaintiff’s Responsibility: In tort law, the burden of proof lies with the plaintiff. This means the plaintiff must demonstrate, by a “preponderance of the evidence” (more likely than not), that the defendant’s actions caused the harm.
• Elements of the Tort: The plaintiff must prove each element of the tort claim. For example, in a negligence case, the plaintiff must show that (1) the defendant owed a duty of care, (2) the defendant breached that duty, (3) the breach caused the injury, and (4) the plaintiff suffered damages as a result.

Trial

• Presentation of Evidence: If the case goes to trial, both the plaintiff and defendant present their evidence and arguments before a judge (in a bench trial) or a jury (in a jury trial). Evidence may include witness testimony, expert opinions, physical evidence, and documents.
• Cross-Examination: Both parties have the opportunity to cross-examine each other’s witnesses to challenge their credibility or the facts they present.
• Closing Arguments: After all evidence is presented, both sides make closing arguments, summarizing their case and explaining why the judge or jury should rule in their favor.

Judgment and Remedies

• Compensatory Damages: If the plaintiff is successful, the court typically awards compensatory damages, which aim to restore the plaintiff to their position before the injury. These damages may include:
  • Economic Damages: Tangible losses, such as medical expenses, lost wages, and property damage.
  • Non-Economic Damages: Intangible harms, such as pain and suffering or emotional distress.
• Punitive Damages: In cases where the defendant’s conduct was particularly malicious, reckless, or egregious, the court may award punitive damages. These are meant to punish the wrongdoer and deter similar conduct in the future.
• Injunction: In some cases, the court may issue an injunction, a court order that requires the defendant to stop a certain harmful action (e.g., continuing a nuisance or defamatory speech).
• Restitution: In cases where the defendant unjustly benefitted at the plaintiff’s expense, the court may order restitution, requiring the defendant to return any gains acquired through wrongful conduct.

Settlement

• Negotiated Agreement: Most tort cases are settled out of court before reaching trial. The parties negotiate a settlement in which the defendant agrees to compensate the plaintiff, and the plaintiff agrees to drop the case.
• Alternative Dispute Resolution (ADR): Some cases are resolved through mediation or arbitration, where an independent third party helps the parties reach a mutually agreeable solution without going to trial.

Appeals

• Challenging the Outcome: If either party is dissatisfied with the trial court’s decision, they may appeal the ruling to a higher court. The appeals court reviews the case for legal errors but typically does not reexamine the facts or evidence. Appeals are common when there is a question about the application of legal principles, procedural fairness, or the amount of damages awarded.

Enforcement of Judgments

• Collection of Damages: Once a judgment is rendered in the plaintiff’s favor, they may need to enforce the court’s decision to collect damages. This could involve garnishing wages, seizing assets, or using other legal means if the defendant refuses to pay.
• Injunction Compliance: If an injunction was ordered, the court may monitor the defendant’s compliance, and failure to follow the injunction can lead to further legal action, including contempt of court.

Defences in Tort Law

Defendants have the right to raise various defences in response to a tort claim. Some common defences include:

• Consent: Arguing that the plaintiff consented to the action that led to the harm (e.g., in sports, participants typically consent to some level of physical contact).
• Comparative Negligence: Claiming that the plaintiff was partially at fault for their own injury, which may reduce the damages awarded.
• Assumption of Risk: Arguing that the plaintiff voluntarily assumed the known risks associated with a particular activity.
• Privilege: In some cases, a defendant may argue they were legally justified in their actions (e.g., self-defense in an assault case).

Class Action Lawsuits

• Multiple Plaintiffs: In some tort cases, a large group of individuals may have suffered similar harm from the same defendant (e.g., a defective product or environmental disaster). They may file a class action lawsuit, allowing the case to be tried as one large action, with any judgment or settlement distributed among the plaintiffs.

Statutory Enforcement

• Torts Based on Statutes: Some tort claims arise from specific statutory rights (e.g., consumer protection or civil rights violations). Enforcement of these rights often involves both filing a lawsuit and possibly notifying regulatory authorities who may impose fines or additional sanctions.

Thus, rights in tort law are enforced through a structured process that includes filing a lawsuit, proving the case in court (or reaching a settlement), and seeking appropriate remedies. The aim is to provide compensation, correct wrongdoing, and sometimes prevent future harm through punitive measures or injunctions.

Examples of Rights Violations in Tort Law:

Rights violations in tort law occur when an individual or entity breaches the legal duties they owe to others, causing harm. These violations can range from physical harm to emotional distress, property damage, or economic loss.

Personal Injury and Bodily Integrity:

• Assault: A person swings a fist at someone without making physical contact, causing the victim to fear imminent harm. The right to personal security and bodily integrity is violated, even though no physical injury occurs.
• Battery: A person intentionally hits someone else, causing injury. This is a violation of the victim’s right to be free from unwanted physical contact.
• Negligence: A driver runs a red light and hits a pedestrian, causing injury. The pedestrian’s right to bodily safety is violated due to the driver’s failure to exercise reasonable care.
• Medical Malpractice: A surgeon leaves a surgical instrument inside a patient’s body after surgery, causing harm. This violates the patient’s right to competent medical care.

Property Rights:

• Trespass to Land: A neighbour builds a fence that extends onto another person’s property without permission. This violates the property owner’s right to exclusive possession of their land.
• Trespass to Chattels: A person uses someone else’s car without their permission, causing damage to the vehicle. This is a violation of the owner’s right to exclusive use and enjoyment of their personal property.
• Conversion: An employee takes office equipment from their workplace and refuses to return it. This violates the employer’s right to control their own property.
• Nuisance: A factory emits toxic fumes or loud noise, making it impossible for nearby homeowners to enjoy their property. This violates the homeowners’ right to peaceful enjoyment of their land.

Reputation and Privacy Rights:

• Defamation (Libel and Slander): A news outlet publishes false and damaging information about a private individual, harming their reputation. This violates the individual’s right to a good reputation.
  • Example (Libel): A newspaper falsely claims that a local business owner is involved in illegal activities, causing harm to their business.
  • Example (Slander): A person spreads false rumors verbally that a colleague is embezzling funds, damaging their reputation.
• Invasion of Privacy: A company uses someone’s personal photo in an advertisement without their consent. This violates the individual’s right to control the use of their personal image (appropriation).
  • Example (Intrusion upon Seclusion): A private investigator secretly takes photographs of someone inside their home without permission, violating their right to privacy.
  • Example (Public Disclosure of Private Facts): A journalist publishes highly personal information, such as medical history, about someone without their consent.

Economic Rights:

• Fraud: A real estate agent knowingly sells a property with undisclosed structural damage, causing financial harm to the buyer. This violates the buyer’s right to truthful and accurate information in business dealings.
• Negligent Misrepresentation: A financial advisor gives incorrect investment advice based on faulty research, leading to significant financial losses for a client. This violates the client’s right to rely on accurate and competent advice.
• Interference with Contractual Relations: A competitor convinces a supplier to break a contract with a business, disrupting the business’s operations. This violates the business’s right to enjoy the benefits of its contractual relationships.

Emotional and Mental Well-being:

• Intentional Infliction of Emotional Distress (IIED): A person harasses someone over the phone for weeks, causing them severe emotional distress. This violates the victim’s right to emotional and mental well-being.
• Negligent Infliction of Emotional Distress (NIED): A person witnesses their close family member being injured in a car accident caused by another driver’s negligence, leading to severe emotional trauma. The witness may have a claim for emotional distress resulting from the incident.

Autonomy and Dignity:

• False Imprisonment: A store security guard detains a customer without any valid reason, preventing them from leaving the store. This violates the customer’s right to freedom of movement.
• Abuse of Process: A person files a frivolous lawsuit with the intention of harassing or intimidating someone, violating their right to fair legal processes.
• Malicious Prosecution: A person is wrongfully accused and prosecuted for a crime they did not commit, based on false evidence. This violates the victim’s right to justice and fairness in the legal process.

Relational Rights:

• Loss of Consortium: A spouse is seriously injured in an accident caused by another person’s negligence, leading to a loss of companionship and affection for the uninjured spouse. This violates the uninjured spouse’s right to relational enjoyment with their partner.
• Alienation of Affection: In some jurisdictions, a third party interferes with a marriage, intentionally causing a rift between spouses. This violates one spouse’s right to the affection and companionship of their partner.

Statutory and Civil Rights Violations:

• Civil Rights Violations: A person is discriminated against in employment based on their race or gender, in violation of civil rights statutes like Title VII of the Civil Rights Act. This violates their right to equal treatment under the law.
• Consumer Protection Violations: A company knowingly sells defective products that are dangerous to consumers, violating statutory consumer protection rights.
• Environmental Tort: A chemical company pollutes a river, contaminating the water supply for a nearby community. This violates the community’s right to a clean and safe environment (in some cases, under statutory or common law).

Product Liability:

• Defective Product: A manufacturer produces a defective car part that causes an accident and injures the driver. This violates the consumer’s right to safe products.
• Failure to Warn: A pharmaceutical company sells medication without properly warning consumers of known side effects, causing harm to patients. This violates the consumers’ right to informed decisions about their health and safety.

Intellectual Property Torts:

• Misappropriation of Trade Secrets: An employee leaves a company and shares confidential trade secrets with a competitor, causing economic harm. This violates the company’s right to protect its intellectual property.
• Passing Off: A business sells counterfeit products using another company’s brand, deceiving consumers and violating the original company’s right to its brand identity and goodwill.

Each of these examples represents a specific type of rights violation in tort law, demonstrating how tort law protects a wide range of interests, from personal safety and property rights to emotional well-being and economic stability. When these rights are violated, tort law provides the injured party with remedies such as compensation, injunctions, or restitution.

Correlation of Rights with Duties:

In tort law, rights and duties are closely interconnected, as they represent two sides of the same legal relationship. The violation of a duty owed by one person often results in the infringement of another person’s corresponding right. This relationship between rights and duties forms the foundation of tort law, as torts typically arise when one party breaches a duty owed to another, resulting in harm. The correlation can be explained through the following key points:

Reciprocal Nature of Rights and Duties:

A person’s legal right to personal safety, property, or reputation imposes a corresponding duty on others to respect and not infringe upon those rights. For example, a person has the right to bodily integrity, which means others have the duty to avoid causing them physical harm (such as through assault or negligence). Similarly, a person has the right to exclusive control of their property, and others have the duty not to trespass or interfere with that property.

Duties Define the Scope of Rights:

The scope of an individual’s legal rights in tort law is shaped by the duties imposed on others. A duty is a legal obligation to act (or refrain from acting) in a way that avoids harm to others. When someone breaches this duty, they violate the corresponding right. For example of Negligence: Drivers owe a duty of care to pedestrians and other drivers to operate their vehicles safely. This duty defines others’ right to be free from harm caused by careless driving. For example in Defamation: Individuals have a duty to avoid making false statements that harm someone’s reputation. This duty upholds the right to a good reputation.

Duty of Care and the Right to Safety (Negligence):

In negligence cases, the relationship between rights and duties is central. The duty of care requires individuals to act reasonably to avoid foreseeable harm to others. If a person fails to meet this standard, they may be liable for violating someone else’s right to safety.

• Example, in a medical malpractice case, a doctor owes a duty of care to provide competent medical treatment to patients. When this duty is breached, resulting in harm, the patient’s right to safe and competent healthcare is violated.

Strict Liability and Absolute Rights:

In certain torts involving strict liability, a defendant may be held liable for harm even if they did not act negligently or intentionally. Here, the rights of the injured party are paramount, and the duty imposed on the defendant is absolute.

• Example, in cases involving ultra-hazardous activities (e.g., using explosives), the duty to prevent harm is so strict that even without fault, the defendant will be liable if harm occurs. The injured party’s right to safety takes precedence over any argument about intent or negligence.

Infringement of Rights as a Breach of Duty:

When a right is infringed, it often signals a breach of a duty. The existence of the duty sets the parameters for determining when a right has been violated.

• Example in Product Liability: A manufacturer has a duty to ensure the safety of its products. If a defective product causes injury to a consumer, the consumer’s right to safe products is violated, and the breach of duty gives rise to a claim.
• Example in Trespass: A landowner has the right to control their property. Others have the duty not to enter the land without permission. Trespass occurs when that duty is breached, violating the landowner’s rights.

Balancing Competing Rights and Duties:

In tort law, courts often balance competing rights and duties between parties. The existence of a duty does not always impose unlimited obligations; it must be balanced with other legal rights.

• Example in Defamation vs. Free Speech: A person has a right to protect their reputation, while others have a right to free speech. In defamation cases, courts balance these competing rights by determining whether the speech was false and harmful, and whether it is protected under free speech laws.
• Example in Nuisance: Property owners have a right to use and enjoy their property without unreasonable interference, while their neighbours have a duty not to disrupt that enjoyment. However, neighbours also have the right to reasonable use of their own property, so courts must balance these competing interests.

Proximate Cause and Breach of Duty:

A breach of duty leads to a violation of a right only if the breach is the proximate cause of the harm. The concept of proximate cause limits liability to situations where the defendant’s breach of duty is closely connected to the plaintiff’s harm.

• Example: If a driver speeds and hits a pedestrian, the driver’s breach of their duty to obey traffic laws is the proximate cause of the pedestrian’s injury, thereby violating the pedestrian’s right to safety.

No Rights without Duties:

In tort law, rights are meaningful only when there are corresponding duties to protect those rights. If there were no duties imposed on others, legal rights would be ineffective, as there would be no obligations for others to avoid infringing on those rights.

• Example in Privacy Rights: Individuals have the right to privacy, which is protected by others’ duty not to intrude into private spaces or disclose private information. Without the duty, the right would be unenforceable.

Vicarious Liability and Delegation of Duties:

Sometimes, duties can be delegated or transferred, but the legal responsibility for fulfilling those duties remains with the person who originally owed them. This is common in cases of vicarious liability, where one party is held liable for the actions of another.

• Example: An employer may have a duty to ensure a safe working environment. If an employee harms a third party while acting within the scope of their employment, the employer may be held vicariously liable for breaching the duty of care, leading to the violation of the third party’s rights.

Statutory Duties and Corresponding Rights:

In addition to common law duties, tort law may impose duties that arise from statutes. These statutory duties protect specific rights, and their breach can result in tort claims.

• Example: A company has a duty under environmental laws to avoid polluting public waterways. If the company breaches this statutory duty and contaminates a water source, it violates the community’s right to a clean and safe environment.

Every right in tort law correlates with a duty. For instance, if a person has the right to not be harmed physically, others have a duty not to cause physical harm. Similarly, if someone has the right to enjoy their property, others have a duty not to interfere with that enjoyment.

Conclusion:

Tort law primarily serves to protect individuals’ rights and provide remedies for violations that result in harm or loss. Tort law safeguards personal rights, property, and economic interests, addressing wrongs that may not fall under criminal law. It holds individuals or entities accountable for their actions or omissions, fostering a sense of responsibility in society. The primary aim is to provide relief to victims through compensatory damages, ensuring they are restored, as much as possible, to their original position. By imposing liability, tort law aims to deter future misconduct, promoting a safer and more responsible society. Tort law seeks to balance the rights of individuals against the interests of the community, considering factors like reasonableness and foreseeability. Overall, tort law is essential for maintaining social order and protecting individual rights in the face of wrongful conduct.