Law of Torts
Module - 1
Aim of the law of torts
-- Based on the idea that everyone in our soc have certain rights.
-- Everyone has the duty to respect the rights of others.
--Purpose is to enforce those rights.
TORT
Civil wrong
Based on breach of duty imposed by law
Which (breach) gives rise to a (person) civil right of action for a
remedy not exclusive to another area of law.
Salmond's Definition
Civil wrong + Remedy + Common Law + Action -- Contracts/ Trust/
Equitable Remedy = Torts
Does not need intention
Winflied Definition
Tortious liability arises from the breach of duty primarily fixed by
law. This duty is towards person generally and its breach is
redressable by an action for unliquidated damages.
Fraser definition
Tort is an infringement of a right in rem of a private individual giving
a right of compensation at the suit of the injured party.
Pollock definition
Tort is an act or omission (not merely the breach of a duty arising out
of a personal relation or undertaken by contract) related to the harm
suffered by a determinate person, giving rise to a civil remedy that is
not an action of contract.
The law of tort in civil wrongs is a collective name for the rules
governing many species of liability which, although their subject
matter is wide and varied, have certain broad features in common, are
enforced by the same kind of legal processes that are subject to
similar exceptions.
Basic torts- battery, assault, trespass, negligence, defamation
A tort is the law of civil wrongs.
Tort suits- liable or not liable
Criminal suits- guilty of not guilty
Tort is primarily common law.
Dictates the relationship between people who had no time to agree
with each other.
Res Ipsa Loquitor- The things speak for itself
Fine is paid to the government
Damages go to the respondent
Parliament has the more power to make law.
Assignment : Write 10 cases Irish and British legal system
Test on Module-1 and Module-2
Everyone who committed crime does not deserve to go in jail.
Substantive law + Procedural law = Legal System
Criminal=IPC + Crpc + IEC(Rte)= Legal System
Civil= Contract Act + CPC, IEA, SRA, ICA = LS
Tort= Tort + ICA, Torts= LS
Cases
GLOUCHESTER GRAMMAR SCHOOL CASE
ASBY VS WHITE
MOGUL STEAMSHIP CO. V MCGREGOR
MAYOR OF BRADFORD V PICKLES
DERRY VS PEEK
RYLANDS V FLETCH
