Law Warning: You are not logged in. Your IP address will be publicly visible if you make any edits. If you log in or create an account, your edits will be attributed to your username, along with other benefits.Anti-spam check. Do not fill this in! === Torts and delicts === {{main|Delict|Tort}}Certain [[civil wrong]]s are grouped together as [[tort]]s under common law systems and [[delict]]s under civil law systems.<ref>{{cite journal |last1=Lee |first1=R. W. |title=Torts and Delicts |journal=Yale Law Journal |date=April 1918 |volume=27 |issue=6 |pages=721β730 |url=https://digitalcommons.law.yale.edu/ylj/vol27/iss6/1 |access-date=1 January 2020 |issn=0044-0094 |doi=10.2307/786478 |jstor=786478 |archive-date=1 January 2020 |archive-url=https://web.archive.org/web/20200101082254/https://digitalcommons.law.yale.edu/ylj/vol27/iss6/1/ |url-status=live }}</ref> To have acted tortiously, one must have breached a duty to another person, or infringed some pre-existing legal right. A simple example might be unintentionally hitting someone with a ball.<ref>''Bolton v Stone'' [1951] AC 850</ref> Under the law of [[negligence]], the most common form of tort, the injured party could potentially claim compensation for their injuries from the party responsible. The principles of negligence are illustrated by ''[[Donoghue v Stevenson]]''.{{efn|name=DvS|''[[Donoghue v Stevenson]]'' ([[Case citation#England and Wales|[1932] A.C. 532, 1932 S.C. (H.L.) 31, [1932] All ER Rep 1]]). See the original text of the case in [http://www.leeds.ac.uk/law/hamlyn/donoghue.htm UK Law Online] {{Webarchive|url=https://web.archive.org/web/20070216044953/http://www.leeds.ac.uk/law/hamlyn/donoghue.htm |date=16 February 2007 }}.}} A friend of Donoghue ordered an opaque bottle of [[ginger beer]] (intended for the consumption of Donoghue) in a cafΓ© in [[Paisley, Renfrewshire|Paisley]]. Having consumed half of it, Donoghue poured the remainder into a tumbler. The decomposing remains of a snail floated out. She claimed to have suffered from shock, fell ill with gastroenteritis and sued the manufacturer for carelessly allowing the drink to be contaminated. The [[House of Lords]] decided that the manufacturer was liable for Mrs Donoghue's illness. [[Lord Atkin]] took a distinctly moral approach and said: <blockquote>The liability for negligence [...] is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay. [...] The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the [[lawyer]]'s question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.<ref>''[[Donoghue v Stevenson]]'' [1932] AC 532, 580</ref></blockquote> This became the basis for the four principles of negligence, namely that: # Stevenson owed Donoghue a [[duty of care]] to provide safe drinks; # he [[Breach of duty in English law|breached]] his duty of care; # the harm would not have occurred [[Causation (law)|but for]] his breach; and # his act was the [[proximate cause]] of her harm.{{efn|name="DvS"}} Another example of tort might be a neighbour making excessively loud noises with machinery on his property.<ref name="Sturges">''[[Sturges v Bridgman]]'' (1879) 11 Ch D 852</ref> Under a [[nuisance]] claim the noise could be stopped. Torts can also involve intentional acts such as [[Assault (tort)|assault]], [[Battery (tort)|battery]] or [[trespass]]. A better known tort is [[slander and libel|defamation]], which occurs, for example, when a newspaper makes unsupportable allegations that damage a politician's reputation.<ref>e.g. concerning a British politician and the Iraq War, ''[[George Galloway#Daily Telegraph libel case|George Galloway v Telegraph Group Ltd]]'' [2004] EWHC 2786</ref> More infamous are economic torts, which form the basis of [[labour law]] in some countries by making trade unions liable for strikes,<ref>''[[Taff Vale Railway Co v Amalgamated Society of Railway Servants]]'' [1901] AC 426</ref> when statute does not provide immunity.{{efn|In the UK, [[Trade Union and Labour Relations (Consolidation) Act 1992]]; c.f. in the U.S., [[National Labor Relations Act]]}} Summary: Please note that all contributions to Christianpedia may be edited, altered, or removed by other contributors. If you do not want your writing to be edited mercilessly, then do not submit it here. You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see Christianpedia:Copyrights for details). Do not submit copyrighted work without permission! Cancel Editing help (opens in new window) Discuss this page