Tort is one of the core subjects required for a qualifying law degree so it is a
compulsory component of most undergraduate law programmes. It is usually
taught as a first- or second-year subject as many of its concepts are relatively
straightforward and it bears a certain resemblance to criminal law since it involves
a similar two-stage process: the imposition of liability and the availability (or not) of
a defence. Aspects of tort will appear in other subjects studied on the law degree:
there are elements of negligence in employment law and environmental law whilst
harassment is a prominent topic within family law. As such, it is important to have a
strong grasp of tort both as a subject in its own right and because of the role it plays
in many other law subjects.
Tort covers a wide range of issues that are pertinent to various aspects of everyday
life such as the working environment, neighbour disputes and injuries sustained on
another’s premises. Negligence is a vast topic within tort that covers the many ways in
which people inadvertently cause harm to each other. Due to the familiarity of many of
the factual situations that arise in tort, students frequently feel quite comfortable with
the subject. This can be a problem, however, if the situation gives rise to an outcome
that seems unreasonable or unfair. It is important to remember to put aside instinctive
evaluations of the situation and focus on the methodical application of the principles
of law derived from case law and statute.