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This comprehensive introduction to the law of torts covers the definition of torts, characteristics, and essential elements of tort law. Learn about wrongful acts, legal damages, legal remedies, and the general principles underlying tort actions.
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What is tort? • Tort is a French word which is derived from the Latin word “tortus” which means to twist and implies conduct which is tortious. Wrong is the equivalent word to the ‘Tort’. As far as definition is concerned, it may said that there is no strict definition of the ‘Tort’, but we can quote some of the definition Sir Frederick Pollock: “A tort may be described as wrong independent of contract, for which the appropriate remedy is common law action”
Definition cont.. • Winfield and jolowicz: “Tortious liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages”
Example Adrives his car carelessly with the result that it mounts the pavement and hits B, aPedestrian, causing Bpersonal injuries. The act is A driving the vehicle. This act has Caused damage to B. The damage was as a result of A’s carelessness, i.e. his fault. The injury suffered by B, personal injury, is recognized by law as attracting liability. Awill be liable to Bin the tort of negligence and Bwill be able to recover damages.
Characteristics of tort From the two definitions mentioned above, and perhaps, other more definitions of ‘Tort’ we come to conclude following outcomes: a) Duty primarily fixed by law This principle indicates that tortious liability is from breach of what has already fixed by the law itself and it is not the agreement of parties. On the basis of this element (principle) tort is distinct from contract and bailment, where the duty is fixed by the parties themselves.
Characteristics of tort… As we have seen, tortious liability arises from the breach of a duty which is fixed by the law, and the person who commits a breach of duty himself is liable. But in some cases a person who did not commit a breach of a duty himself, yet he is liable. For example, vicarious liability cases, that is someone vicariously liable torts of other people or animals under his control. This will be elaborated more in the coming lectures.
Characteristics of tort… b) Duty is towards persons general This principle emphasizes that the duty in tort is general to all individuals and therefore everyone is liable if he commits tort against any one, and that is to differentiate tortious liability and other legal wrong.
Characteristics of tort… c) Action for unliquidated damages To make it clear, the liquidated damage is the claiming pre-determined and inelastic sum of money, and unliquidated damage is when you demand for your damage a remedy which is to be finally decided by the court.
Essentials of tort In the law of tort there are three basic essential elements which constitute a tort: 1. There must be a wrongful act or omission on the part of a person; 2. That wrongful act or omission must result in legal damage to another; 3. The wrongful act or omission must be of such a nature as to give rise to a legal remedy.
Essentials of tort 1. Wrongful act or omission This is an essential element which constitutes a tort, we say someone has committed a wrongful act or omission if he/she breaches a duty which is fixed by law. Duty means that there is some legal limitation or restriction on the conduct (act) of a person that he should behave in such a manner as a reasonable person would have behaved in like circumstances. If a person does not observe that duty like reasonable and prudent person or breaks it intentionally, he is deemed to have committed a wrongful act. But if an act has been done by a person involuntarily or under the influence of a pressing danger, he will not be deemed to have committed a breach of legal duty and this is the lawful excuse (justification) we discuss later on the coming lectures.
Essentials of tort 2. Legal damage • The second element which constitutes a tort is legal damage and it means infringement or violation of private legal right. In this case the plaintiff (claimant) has to prove that there has been a legal damage caused to him due to the wrongful act of the defendant (wrongdoer). • Private rights are rights which are vested to a person by the law, like right to reputation, right to bodily safety and freedom, right to property, and etc. so if the person has legal rights, then in law, others have a legal duty towards him not to violate his legal rights.
Essentials of tort 3. Legal remedy • The third essential elements of tort is legal remedy which means there must be legal remedy against wrongful act. • In conclusion we say that the law of tort is the branch of the law which governs actions which damage or injury private legal rights. Tort is a civil wrong in the sense that it is committed against an individual rights. These rights can be protected by a court awarding a sum of money, known as damages, for infringement of a protected right. Other branches of a law also defend these protected rights and the relationship between these branches and the law of tort will be discussed later on.
