Topic > The purpose of tort law in the Irish legal system

In this essay I will attempt to outline what the intended purpose of tort law is in the Irish legal system and how it has formed over the centuries. I will include a brief description of what tort law means and the different types of tort law, I will also include a brief summary of tort law's sister laws, namely criminal law and contract law. The word tort is the equivalent of the French word meaning "wrong". The word 'tort' comes from the Latin word 'tortum', translated to mean twisted, crooked or wrong. The term “tort” was first introduced into English law by the Normans. It is widely understood as the law of civil liability for wrongfully inflicted injuries. This is the literal translation of the word tort, but it has many different meanings and purposes in law, and there are many different types of torts or “tortious wrongs.” Over the years tort scholars have been divided on what would seem to be a simple question, what is tort law intended for? The main answer to this question seems to be that tort law promotes efficient behavior in society by providing incentives for people to account for the costs they impose on others. In other words, tort law can be seen as a means in which an individual who has wronged another has a duty to make good or compensate for losses caused by his or her actions. Another answer that has been put forward to the question of what is meant by tort law is because tort law aims at corrective justice and the application of moral responsibility to wrongdoers. This is one of the oldest theories about the purpose of tort law as tort law plays a role in bringing wrongdoers to compensate those they have injured or who have suffered as a result of their actions. Over the years these two theories about the intended purpose of ...... half of the paper ...... Problem-Solving Behavior and Tort Liability Theories,” [1985], 73Cal. L. Rev. 677Malone WS, 'Ruminations on the Role of Fault in the History of the Common Law of Tort', [1970], Louisiana Law ReviewMedieval Sourcebook: The Anglo-Saxon Dooms, Fordham University, 560-975Perry, Ronen, 'The Role of Retributive Justice in the common law of torts: a descriptive theory', [2006] 73 Tenn. L. Rev. 177Posner, Richard A., 'Economic Analysis of Law' (2nd ed. 1977) Simmons KW, 'The Crime/ Tort Distinction: Legal Doctrine and NormativePerspectives', [2007], Widener Law Review.McMahon, Bryan M.E., and Binchy, William, 'A Case Book on the Irish Law of Torts',[2005], Butterworth IrelandWells, Catherine P., "Law of Torts Civil Rights as Corrective Justice: A Pragmatic Justification for Jury Award,” [1990], Boston College Law School