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The Purpose of Tort Law in the Irish Legal System

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In this essay I will endeavour to outline what the intended purpose of tort law is in the Irish legal system and how it has come about over centuries. I will include a brief outline of the meaning of tort law and the different kinds of Tort, I will also include a brief summary of the sister laws of tort, that being criminal and contract law. The word tort is the equivalent of the French word that means ‘wrong’. This word ‘tort’ was derived from the Latin word ‘tortum’, translated this means twisted, crooked or wrong. The term ‘tort’ was first introduced into English law by the Normans. It is widely understood to mean the law of civil liability for wrongfully inflicted injury. This is the literal translation of the word tort but it has …show more content…

Since this initial introduction of the theory of tort as a law, it has grown and developed into a widely recognised and relied upon arm of the law. The relationship between tort law and contract law Tort is sometimes viewed as the actions that are not defined in other areas of the law such as contract or fiduciary law. Tort law and contract law are similar in the sense that they both involve a breach of duties. Contract law is based on a written or verbal agreement, it contains the elements of offer, acceptance and consideration. Consideration refers to the value of what each party receives in order to undergo their part of the contract. When a contract is breached, the party that suffers must be compensated as they have lost this consideration. Tort on the other hand is seen as the law of personal wrongs, and although it too contains a breach of duty, is different from contract law. An example of a tort is negligence, this is the failure of a person to take the degree of care necessary in order not to injure another party. If someone is injured due to the negligence of another, the wrong doer may be held liable and have to pay compensation to the injured party, similar to the compensation paid in a situation where there has been a breach of contract. In the modern law, the duties owed in contract and tort law have become blurred and it is not always

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