Torts

Wrongful acts
Wrongful omissions

Nature

A wrongful act or omission (under English law), not arising exclusively out of breach of contract or trust, but which gives rise to an action for damages at the suit of the injured party. A breach of contract is however not of itself a tort, but many situations which give rise to an action in contract may also be torts. An act, not otherwise unlawful, will become a tort only when it has been done with a mischievous motive.

Background

The global significance of torts emerged alongside the expansion of international commerce and cross-border interactions in the 19th and 20th centuries, as legal systems grappled with civil wrongs causing harm beyond national boundaries. Landmark transnational cases and the rise of multinational corporations highlighted the complexities of liability, prompting comparative legal studies and international conventions. This evolving awareness underscored the need for harmonized approaches to address personal and collective injuries in an increasingly interconnected world.

Incidence

Torts, encompassing civil wrongs such as negligence, defamation, and liability, represent a significant and growing burden on legal systems worldwide. The incidence of tort claims has escalated in both developed and developing countries, straining judicial resources and impacting sectors from healthcare to manufacturing. The financial and social costs of tort litigation are substantial, with billions spent annually on settlements, legal fees, and insurance premiums, affecting individuals, businesses, and public institutions alike.
In 2023, a landmark tort case occurred in the United States when a jury in Illinois awarded $363 million in damages to plaintiffs harmed by exposure to toxic emissions from a local medical sterilization plant, highlighting the ongoing global relevance of tort litigation.

Claim

Torts represent a profoundly important problem in our society, as they address the wrongful acts that cause harm to individuals and undermine trust in our communities. Without robust tort law, victims would have no recourse for injuries, and wrongdoers would act with impunity. The prevalence of tortious conduct threatens justice, public safety, and the very fabric of civil order, making the effective handling of torts an urgent and essential societal priority.

Counter-claim

Frankly, the topic of torts is vastly overblown and hardly an important problem. Most people go through life without ever encountering a tort case, and the legal system already has ample mechanisms to address genuine grievances. Obsessing over torts distracts from far more pressing societal issues. In reality, the significance of tort law is exaggerated, and its impact on everyday life is minimal at best. Let’s focus on real problems instead.