Week 1: Introduction to Torts
The first week of this course has being overwhelming – simply with the amount of reading required and the breadth of the topic. Hopefully this will become less daunting as I progress as subject becomes clearer and more concise. It was interesting to find out that tort law is simply the branch of law that primarily focuses on compensation for wrongs. Where it becomes more complex is what is considered to wrong, and also when fault is required or not required. It is quite understandable to see that tort is the opposite of criminal law is a civil branch as opposed to the criminal branch, and as such has different burden of proof etc. I was surprised however to see the overlap between tort and contract, which is convenient since I’m also studying contract law this term.
Without going into new for further unnecessary detail as to the material covered this week I will instead briefly reflect on one of the major areas of tort law, which is negligence. As one of my other colleagues commented in his weekly reflections, I’m very frustrated with the recent rise in “no win no fee” cases by legal firms such as Gordon and Slater or Shine lawyers. The increase in this form of litigation is however merely a reflection of changes in society whereby people no longer seem to hold themselves accountable for their own actions. Instead they seem to look for someone else who has money to blame so that they can then sue them and get money. The fact that this may be part of a much bigger problem is outside of the scope of these reflections, however it is food for thought, as this does still remain a problem that needs to be resolved.
Finally to finish off with, as part of the learning diary that we are required to maintain this course, there was the question of “”how do you learn best?”. My answer to this question would be that I am a kinaesthetic learner, that is I learn best by doing. Whilst for a lot of activities I can be a visual or a auditory learner, for a lot of tasks I best learned by actually undertaking the tasks. It’s for reasons like these that I look forward to opportunities to participate in activities such as moots as these activities will put you on the spot to think on-the-fly and develop arguments and responses, and it’s not until you put in this sort of situation you can fully understand the challenges that they bring with them.