Tort law is something you’ll encounter during your law degree and throughout your legal career too. It’s a wide ranging area of the law and shapes how the legal system can help individuals right a wrong. Below we look at what tort law is, the elements of a tort law case and how it compares to criminal law.
Written by Grant Longstaff. Published 02 June 2025.
What is tort law?
A tort concerns a civil wrong which causes harm or loss to an individual, either deliberately or accidentally. Tort law is the legal framework which outlines how those affected by such actions can seek damages (compensation) and puts the liability onto those responsible.
Tort law is extensive, covers a wide range of civil wrongs, and aims to defend our health, property, finances and personal reputation.
Types of tort
Intentional torts
Torts are often categorised as intentional or unintentional. Intentional torts are where harm or damage is caused deliberately and the perpetrator is fully aware of their actions. Some examples of intentional torts include:
- Assault
- Battery
- Conversion
- Defamation
- False imprisonment
- Fraud
- Intentional infliction of emotional distress
- Invasion of privacy
- Theft
- Trespassing on land or property
Unintentional torts
Unintentional torts occur when the perpetrator didn’t intent to cause harm or damage and are often linked to negligence, which is probably the most common area of tort law. It’s important to note that negligence doesn’t require intent. To prove unintentionality the defendant must have caused the harm or damage, failed to provide the standard of care of a reasonable person and owed the claimant an obligation to avoid such careless action. Cases which fall into unintentional and negligence torts cover personal injury claims, slips, trips and falls, workplace injuries, traffic accidents and medical malpractice.
Strict Liability Torts
There are other torts which involve strict liability. Strict liability applies even when the person causing harm isn’t negligent or intentionally at fault. Instead, liability is based on the nature of the activity itself, which usually involves something dangerous or subject to strict regulation. Examples of strict liability torts include product liability, industrial activity causing environmental damage, animal attacks and keeping dangerous animals.
Key elements of a tort case
In any tort case there are four elements a claimant must establish and prove in order to recover any damages from the defendant.
Duty of care
The defendant must owe a legal duty to the claimant. This means the law recognises a relationship where the defendant is expected to act with reasonable care.
Breach of Duty
The defendant must have breached their duty by failing to meet the standard of care expected. This is judged against what a reasonable person would have done in the same circumstances.
Causation
There must be a direct link between the breach of duty by the defendant and the harm suffered by the claimant.
Damages
The claimant must have suffered loss or harm because of the defendant’s breach of duty.
Tort law vs criminal law
It can often feel like there’s an overlap between tort law and criminal law, but they do differ in terms of the process and outcome. Tort law involves civil cases which seek to compensate the victim, whereas criminal cases seek criminal charges to punish the offender. it’s also common in England and Wales for tort cases to be tried by a judge, whereas criminal cases will use a jury.
It can help clarify the distinction between tort and criminal law by using an example. If a fight broke out in a pub, and property was destroyed or damaged as a result, the owner of the pub could bring a civil case against the aggressor for damages using tort law. If the same incident was investigated as a criminal offence then the police and Crown Prosecution Service could also bring a criminal case against the perpetrator, for criminal damage for example, and pursue a conviction.
Studying tort law
Understanding tort law is a fundamental part of practicing law and, if you’re hoping to become a solicitor, the Solicitors Qualifying Examination (SQE) will assess your knowledge of tort along with other subject areas. If you’re already studying an undergraduate law degree it’s likely you’ll have come across modules on the subject. Similarly, if you’re taking a conversion course, such as our Postgraduate Diploma in Law (PGDL), you’ll find tort law is covered. We even have SQE Preparation Courses so you can brush up on tort law, as well as the other legal knowledge you’ll be tested on, before sitting the exams.
Explore our extensive range of postgraduate law courses and start your legal career journey today.
