General Principles (AQA A-Level Law): Revision Notes
General principles
Tort law is a substantive area of law assessed in Paper 2 of the AQA A-Level Law qualification. It accounts for 75 of the 100 marks available in this paper, making it a significant component of the examination.
The substantial weighting of tort law in Paper 2 means that a strong understanding of its principles is essential for achieving a good overall grade in the qualification.
Nature of tort law
Tort law is an area of law that enables individuals to claim compensation when they have suffered injury or when their property has been damaged.
Torts are established through two main sources:
- Common law rules developed through judicial decisions
- Acts of Parliament (statutory law)
Private law classification
Tort law forms part of private law. This classification is important because:
- The state does not generally become involved in tort disputes
- Torts are not crimes that require investigation or prosecution by public bodies
- The primary purpose is to provide redress and compensation to individuals who have suffered harm
- The harm covered includes damage to:
- Person (physical or psychiatric injury)
- Property
- Enjoyment of land
The key distinction is that tort law addresses non-criminal actions that cause harm, rather than prosecuting criminal behaviour to protect society. Understanding this fundamental difference between tort law and criminal law is crucial for applying legal principles correctly.
Purpose and scope of civil law
Civil law is concerned with resolving disputes between parties. Unlike criminal law, its purpose is not to punish wrongdoing but to provide remedies for those who have been harmed.
Areas of civil law
Civil law encompasses several distinct areas:
- Tort law – compensation for injury or property damage
- Contract law – disputes relating to the sale of goods and services
- Family law – matrimonial and child-related disputes
- Employment law – workplace disputes and employment rights
Each area serves to resolve private disputes between individuals or organisations.
Parties in tort law
In a tort claim, the individual parties are identified as:
- Claimant – the person who has suffered harm and brings the claim
- Defendant – the person alleged to have caused the harm
Critical Terminology Distinction
In civil law, a defendant found to have caused harm is described as liable, not "guilty". The term "guilty" is reserved for criminal law.
This distinction in terminology reflects the different purposes of civil and criminal proceedings. Using incorrect terminology in examinations will demonstrate a lack of understanding of fundamental legal principles.
The state's role
The state typically does not involve itself in tort law disputes. The action remains between the individuals or organisations involved in the incident. This reinforces tort law's classification as private law, where parties seek to resolve their own disputes through the courts.
While the state provides the court system and legal framework for resolving tort disputes, it does not initiate proceedings or prosecute cases as it would in criminal law. The parties themselves must bring and pursue their claims.
Remedies in tort law
When a claimant successfully proves their case, they will request the court to award a remedy. The primary remedy in tort law is damages (financial compensation), though other remedies such as injunctions may be available in certain circumstances.
Assessment context
Students must be able to:
- Define and explain the principles, defences and remedies in tort law
- Apply these principles to factual scenarios
- Understand key tort concepts including negligence, occupiers' liability, nuisance and the rule in Rylands v Fletcher
- Analyse defences such as consent and contributory negligence
- Consider vicarious liability where a tortfeasor was acting in the course of employment
- Calculate and advise on damages
Examination Skills
Success in tort law questions requires both knowledge of legal principles and the ability to apply them to practical scenarios. Practice applying concepts to different factual situations to develop your analytical skills.
Remember!
Key Points to Remember:
- Tort law is assessed in Paper 2 and is worth 75 marks out of 100
- Tort law is private law – the state does not prosecute; individuals seek compensation
- Civil law settles disputes; it does not punish wrongdoing like criminal law
- The parties are the claimant (who suffered harm) and the defendant (alleged to have caused it)
- A defendant found liable is not described as "guilty" – that term belongs to criminal law
- Torts are established by both common law and Acts of Parliament