CHAPTER 1: INTRODUCTION TO TORT

Intro:
The Law of tort may be defined as that branch of law which is
concerned with the prevention of losses in society. So tort may provide a
remedy when one individual has caused harm or loss to another. Thus cases
must be brought by individuals against other individuals (or companies or
groups of people), as opposed to criminal cases where cases are usually
brought by the state against individuals.

I.) Tortious Liability:

Winfield offers a definition of tortious liability: "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".

II.) Types of Torts:

a.) Tort of Defamation It is the publication of a statement which
reflects badly on a person's reputation.
b.) Tort of Trespass Interference with persons physical well being
e.g. Assault & Battery.
c.) Tort of False Imprisonment It consists of the unlawful restriction
of someone's liberty.
d.) Tort of Negligence It is a breach of a legal duty to take care which
results in damage to the claimant.
e.) Tort of Interference with Contract Damage to Commercial
Interests.
f.) Tort of Nuisance It is usually an activity or state of affairs which
interferes with the use or enjoyment of land, or rights over land.

III.) Tort & Criminal Law:

Tort law is that part of the civil law which bears the strongest
resemblance to criminal law. For example, exemplary damages in tort are
used as a form of punishment while at the same time the criminal courts
have the power to order the defendant to pay compensation to the victim.

Many acts which cause harm may be both criminal and tortious.
Violence against the person is the most obvious example of an action which
is at the same time a crime and a tort. Tort law and criminal law often
overlap, therefore. For example, if A attacks and rapes B, this is clearly a
crime, and a criminal prosecution may be brought against A. B, however,
can bring an independent action in tort, the tort of assault and battery,
Introduction To Tort 2

against A, and the court can award her damages for her injuries both
physical and mental.

The criminal law is therefore concerned with a person's obligations to

society, whereas tort law involves relationships between individual people
and their obligations to each other.

IV.) Tort & Contract:

Contract and tort law also often overlap each other but their rules
arent always the same and may produce conflicting results occasionally.

To sum up it can be said that contractual duties arise by virtue of

voluntary agreements between the contracting parties but tortious duties
are mainly imposed upon people by the law. The scope of the duty in tort is
determined by law whereas in contract it is determined by the agreement of
the parties to the contract.