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Summary LAW OF TORTS
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THE SUMMARY DESCRIBES ALL THE LAW OF TORTS WITH THE RELEVANT CASE EXAMPLES IN A SIMPLE AND EASIER WAY TO UNDERSTAND .
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See discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/343257342LAW OF TORTS CONSIST TRESPASS, NEGLIGENCE AND OCCUPIERS LIABILITY
BY DATIUS DIDACE
Article · July 2020
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Datius Didace
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,DATIUS DIDACE LAW OF TORTS
THE LAW OF TORTS
INTRODUCTION
The word tort is of French origin and is equivalent of the English word wrong,
and the Roman law term delict. It is derived from the Latin word tortum, which
means twisted or crooked. It implies conduct that is twisted or crooked. It is
commonly used to mean a breach of duty amounting to a civil wrong.
Of the various attempts to define tort, Salmond's definition is rather popular.
Salmond defines tort as a civil wrong for which the remedy is a common law
action for unliquidated damages and which is not exclusively the breach of a
contract or the breach of a trust or other merely equitable obligation.
A tort arises due to a person‟s duty to others in generally which is created by
one law or the other. A person who commits a tort is known as a tortfeaser, or a
wrongdoer. Where they are more than one, they are called joint tortfeaser. Their
wrongdoing is called tortuous act and they are liable to be sued jointly and
severally.
The principle aim of the Law of tort is compensation of victims or their
dependants. Grants of exemplary damages in certain cases will show that
deterrence of wrong doers is also another aim of the law of tort.
OBJECTIVES OF LAW OF TORTS
i. To determine rights between parties to a dispute.
ii. ii. To prevent the continuation or repetition of harm e.g. by giving orders
of injunction.
iii. iii. To protect certain rights recognized by law e.g. a person's reputation
or good name. iv. To restore property to its rightful owner e.g. where
property is wrongfully taken away from its rightful owner.
DATIUS DIDACE THE LAW OF TORT LLB-MZUMBE UNV
,DATIUS DIDACE LAW OF TORTS
CONSTITUENTS OF TORT
The law of tort is fashioned as an instrument for making people adhere to
standards of reasonable behavior and respect the rights and interests of one
another. A protected interest gives rise to a legal right, which in turn gives rise
to a corresponding legal duty. An act, which infringes a legal right, is wrongful
act but not every wrongful act is a tort. To constitute a tort or civil injury
therefore:
1. There must be a wrongful act or omission.
2. The wrongful act or omission must give rise to legal damage or actual damage
and;
3. The wrongful act must be of such a nature as to give rise to a legal remedy in
the form of an action for damages. The wrongful act or omission may however
not necessarily cause actual damage to the plaintiff in order to be actionable.
Certain civil wrongs are actionable even though no damage may have been
suffered by the plaintiff.
1. Wrongful act.
The act complained of should, under the circumstances be legally wrongful as
regards the party complaining, i.e. it must prejudicially affect him in some legal
right. This must be an act or an omission. Merely that it will, however directly,
do him harm in his interest is not enough. The act being wrongful in law is called
actus reus. An act which prima facie appears to be innocent may become
tortuous if it invades the legal right of another person e.g. the erection in ones'
own land, of anything, which obstructs light to a neighbors' house. Liability for
a tort arises therefore when the wrongful act complained of amounts either to an
infringement of a legal private right or a breach or violation of a legal duty.
DATIUS DIDACE THE LAW OF TORT LLB-MZUMBE UNV
, DATIUS DIDACE LAW OF TORTS
2. Damage.
The sum of money awarded by court to compensate damage is called damages.
Damage means the loss or harm caused or presumed to be suffered by a person
as a result of some wrongful act of another. Legal damage is not the same as
actual damage. Every infringement of the plaintiff‟s private right or unauthorized
interference with his property gives rise to legal damage..
There must be violation of a legal right in cases of tort. Every absolute right,
injury or wrong i.e. tortuous act is complete the moment the right is violated
irrespective of whether it is accompanied by and actual damage. In case of
qualified right, the injury or wrong is not complete unless the violation of the
right results in actual or special damage. Every injury, thus imports damage,
though may not have cost the victim a penny, but simply by hindering the right,
as an action for a slanderous word, though a man does not lose a penny by
speaking them yet he shall have an action.
Likewise a man shall have an action against him who rides over his ground,
though it does him no damage, for it is an invasion of his property and the other
trespasser has no right to come there. The real significance of legal damage is
illustrated by two maxims namely: Injuria sine damno and Damnum sine
injuria. Damnum is meant damage in the substantial sense of money, loss of
comfort, service, health or the like. By injuria is meant a tortuous act.
Injuria sine damno.
This is the infringement of and absolute private right without any actual loss or
damage. The phrase simply means Injury without damage. The person whose
right is infringed has a cause of action e.g. right to property and liberty are
actionable per-se i.e. without proof of actual damageNo index entries found.
DATIUS DIDACE THE LAW OF TORT LLB-MZUMBE UNV
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