First Principles of Business Law

1. The role of tort law

1.1. The origins of liability for conduct causing harm

Sometimes, a person does something that harms another - for example, causing them physical injury, or causing damage to their property or to their other legally protected interests.

In very early times, a person who was harmed was allowed to seek redress by retaliating physically against the wrongdoer - the principle of 'an eye for an eye'. Over time, it became common for the injured person to accept monetary compensation instead of exacting physical revenge, provided this could be agreed between the parties.

Then, with the development of the modern state, the law began to provide greater assistance to persons who suffered harm. The injured party became entitled, in some circumstances, to bring a legal action and force the wrongdoer to pay compensation for harm caused.

These are the origins of the branch of law known as tort. The word 'tort' comes from the Latin word 'tortus', meaning twisted, crooked or, more generally, wrong. Tort law regulates wrongful conduct that causes harm.