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Civil wrongs. Torts cover intentional acts(such as cases of assault, battery, and false imprisonment) and accidents (such as negligence cases). The wrongdoer is known as the tortfeasor. It is a body of law that addresses and provides remedies for civil wrongs not arising out of contractual obligations. It defines what constitutes a legal injury and establishes the circumstances under which one person may be held liable for another's injury. It 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 damages.
SIMILARITIES BETWEEN CONTRACT LAW AND TORT LAW
1. Both create civil law obligations. 2. Breach of both give rise to an action for damages.
As a general rule, contractual obligations are voluntarily undertaken by the DIFFERENCES parties to the contract but in law of tort, there is no free choice – law WITH CONTRACT imposes the obligation. LAW A person who enters into a contractual obligation owes a duty only to the other party to the contract. In tort, a person owes a duty to everyone. Generally, contractual liability is imposed on a person who has not done what he/ she has promised to do. In tort, liability is imposed on someone who has done something that he/ she should not have done or has failed to do something he/ she should have done. In terms of damages, the object of awarding damages in contract is to put the claimant in a position that he/ she would have been in had the contract been performed. In tort, it is to put the claimant in the position he/ she would have been in had the tort not happened.
TORT LAW - INTRODUCTION
A tort is a civil wrong committed against an individual; a crime, on the other hand, is regarded as an offence committed against the public, even though only one individual may have been wronged. DIFFERENCES BETWEEN CRIMES The real distiction lies in the way a remedy for the wrong is pursued. A AND TORTS tort is a wrong for which the remedy is pursued by, and at the discretion of, the the injured invidual or his or her representative, while a crime is wrong for which the wrongdoer is prosecuted by the state for the purpose of punishment. However, the fact that a particular act has been or may be prosecuted as a crime does not necessarily preclude an injured party from seeking recovery from the offender in a civil action. Compensation from harm (eg. Unliquidated damage) Prevent continuation of harm (eg Injunction) Punishment of wrongdoer (eg. Defamation: court can reward exemplary damages) Deterrence Justice Restoration for unjust enrichment (eg. Claimant may sue someone wrongfully detaining goods) Property (eg. Tressspass to land) Economic (eg. Passing off, Conversion) Reputation (eg. Defamation) Personal (eg. Assault, Battery) Tresspass to the person - Assault - Battery - False imprisonment Negligence Nuisance
AIMS AND OBJECTIVES OF TORT LAW
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INTERESTS PROTECTED BY TORT LAW
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• TYPES OF TORTS • •
TORT LAW - INTRODUCTION