Tort law serves several important purposes, not least of which is a civilized way to resolve disputes when one party's unreasonable conduct injures another. Even the folks who complain of too many lawsuits shrink from proposing a return to duels and bloody reprisals. Tort law provides a system for compensating injured parties in a way that bears a reasonable relationship to the conduct of the parties and the degree of injury. It allocates risks of injury in ways that our society has deemed appropriate. Last but not least, it defines duties to other people in a practical way that provides economic incentive to take care not to hurt other people.
Tort law has many sources.
First, the common law of torts evolved through centuries of court decisions, originally in England and later in America. Second, statutes define much in tort law. Courts also look to statutes on other subjects in determining the rights and duties of parties in a tort case. Third, contractual relations may create rights and duties which give rise to tort claims between parties. Tort law continues to develop, in the centuries-old tradition of the common law, as courts deal with the facts of specific cases, and as legislators react to pressures from conflicting political forces, including large political campaign contributions from those who seek to severely restrict the rights of individuals to be compensated for serious injuries caused by defectively manufactured products or the negligence of another.