PART–
PART–ONE
Objectives of this Topic
By the end of the topic the learner should be able to:
* D fi iti of tort and related t
Definition f t t d l t d terms
* The difference between tort and criminal law and tort and contract law
* Understand the nature and liability of tort
* Explain the functions of the law of torts
* Explain the capacity to sue or be sued for various p p y individuals and entities
* Understand the specific torts their defences and remedies available in law
* Discuss the general defences applicable in the law of torts So, What Is a Tort?
So
Nope. These are tortes.
So, What Is a Tort?
So
This is a character from a Japanese children’s s o show. Definition of a Tort
The word tort is derived from the Latin word tortus which means crooked or twisted. twisted. In French, tort means a wrong. wrong. Black’s Law Dictionary defines a tort as y 1.A civil wrong for which a remedy may be obtained, usually in the form of damages obtained 2. The branch of law dealing with such wrongs. Definition of tort
According to Sir F. Pollock defined tort is:
"An act which causes harm to a determinate
An
person, whether intentionally or not, not being a breach of duty arising out of p y g personal relation or contract, and which is either contrary to law, or an omission of a specific legal duty, or a violation of an absolute right". i l i f b l right". i h"
Function of the Law of Torts
The law of torts is aimed at:
Determining Rights Between Parties to a Dispute.
Protecting individuals against infringements of their own personal rights eg property, reputation or person.
Preventing a Continuance or Repetition of Harm.
Protecting Certain Rights Recognized by Law.
Restoring Property t its Ri htf l Owner.
R t i P t to it Rightful O
Providing rules of conduct that regulate how members of society interact, and remedies if th rules are f i t i t t d di the l
breached