Final Notes for TORTS • A tort is “a civil wrong (other than breach of contract) which the law will redress with damages” (Professor Fleming) • Torts are common-law causes of action What interests are protected by tort law • Personal Safety (battery, assault, false imprisonment etc) • Safety of property (Conversion, trespass) • Reputation (Defamation) • Emotional distress (negligence sometimes) • Economic losses Some interests aren’t protected: • Death (death of one person is not seen as an injury to another person): NOW Statutes provide a claim for relatives but not a cause of action of Common Law • Restrictive trade/business practices (Common law courts had a laissez-faire attitude): NOW TPA etc regulates. Prof Fleming: Tort law “defies explanation by reference to any systematic index.” Difference Between Torts and Contract: • Contract:  Assures private promises/arrangements that are voluntary  Assures benefit of a bargain  Enforces obligations arising out of voluntary arrangements • Tort:  Deals with activities in society at large, not private arrangements  Aims to redress injury or loss  The law imposes duties  Protects private interests- civil wrongdoing  Is concerned primarily with compensation not punishment • Criminal:  Offenses against state  Concerned with punishment not redress. Aims of Tort: 1. Compensation: Monetary (Argument that this is not accurate but also arguments that it’s the only way) 2. Loss shifting and loss distribution: Shifting loss from victim to the wrongdoer (argument that only financial burden is shifted)- Law of tort isn’t concerned with loss distribution/spreading (concerned in Insurance) Law of tort only compensates those victims who can prove that someone caused the loss 3. Punishment/Deterrence: Being a civil wrongdoer & having to pay victim is seen as a form of punishment - Punitive damages when Ds conduct is found really bad - In Australia, exemplary damages are awarded only in extreme cases.