Civil Litigation and the Law of Tort Liability

Understanding Civil Law and Tort Liability

When an individual is aggrieved, whether materially or morally—injured in their privacy, image, or rights—they may seek redress through the civil courts. The aggrieved person, acting as the plaintiff (or claimant), files a complaint (a lawsuit) against the person who caused the injury or wrong (tort), known as the defendant (or respondent).

The plaintiff sets out their claims, which the defendant must satisfy. The person who caused the tort is often called the tortfeasor (author of the injury). The branch of civil law that protects injured parties from these wrongs, covering moral and material damage, is known as the Law of Damages and Tort Liability (or Law of Tort).

The Four Major Torts

The four most important torts are trespass, nuisance, negligence, and defamation. This area of civil law protects several fundamental rights:

• Reputation: Protected against libel and slander (defamation).
• Freedom and Privacy: Protected against invasion of privacy (trespass).
• Property Enjoyment: Protected against discomfort caused by those who violate coexistence rules (nuisance).
• Security: Protected against damages caused by negligence, where the tortfeasor ignored the objective duty of care or diligence.

Civil Court Jurisdiction and Proceedings

In addition to providing legal remedies for these four major torts, the civil court hears all other aspects of the lives of natural persons (individuals), including their rights and obligations (duties and liabilities) concerning family and property, as well as matters involving legal persons (corporations or entities).

A civil court is invoked to resolve quarrels through a civil action (civil proceedings). Typically, the injured party sues for damages, whether the wrong is a non-contractual civil wrong (tort) or a breach of contract.

Damages in Tort vs. Contract

It is important to note that claims for damages resulting from a breach of contract (damages in contract) are distinct from those resulting from torts (damages in tort).

Litigation and Remedies

Legal proceedings are referred to by various terms, including actions, lawsuits, cases, or suits. The two parties involved (the parties to the suit) are also known as the litigants. The entire process is called litigation or disputes.

In a civil action, the plaintiff usually requests a remedy from the courts in their claim. Common remedies include:

• Compensation for damages.
• Waiver or exemption from a charge (relief).
• Redress.
• The adoption of an interim measure, such as an injunction, which prohibits or requires specific action to prevent harm or remove its causes.

The English civil court system also handles proceedings against the State Administration, known as judicial review.