LAW OF TORT
1.1 DEFINITION
- A part of our civil
liability system
- Deals with wide range of situation - providing
remedies for various injuries.
- The word ‘ tort’
itself - French for ‘wrong’ -now to mean a wrong recognized by law.
Winfield - tort as a
wrong the victim of which is entitled to redress / specific civil wrong or
injury.
2. FUNCTIONS
Law of torts has two function:
-
to determine when a person has to pay compensation for harm wrongly caused.
-
to determine what conduct may be stopped or regulated by the court’s order.
3. KINDS OF INTEREST
Kinds of interest
that law of torts protect against:
a. person - assault,
battery, personal injury
b. property -
trespass, nuisance, interference with goods
c. financial - deceit,
economic loss
d. reputation -
defamation, libel,malicious prosecution
1.4 HOW ARISES
A tort arises not
simply out of the infliction of injury to the interest stated above but in the
infliction of a legally recognized injury
- Liability in
tort may arise:
1. Primary - where a
person is liable for his own act or omission in breach of a
legal duty
2. Vicarious- Where a
person is liable for the act or omission of another with whom he stand in some
special relationship
1.5 MAIN CATEGORIES
OF TORTS
1. Trespass
2. Negligence
3. Nuisance
4. Strict Liability -
Rule in Rylands v. Fletcher
5. Vicarious
Liability
LAW OF TORT
Reviewed by Kamaruddin Mahmood
on
12:13:00 PG
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