ST AUGUSTINE UNIVERSITY OF TANZANIA

SCHOOL OF LAW

NAME : CHIVIHI ISSA HAMISI

TASK : INDIVIDUAL ASSIGNMENT

REG NUMBER : LLB 71772

SUBMITTED TO : SIR MOSIMO

COURSE CODE : SLW 203

COURSE NAME : LAW OF TORT I

WORK OUTLINE

 INTRODUCTION
 Meaning of Tort
 Meaning of law of Tort
 Examples of torts
 MAIN BODY
 Introduction to the theories
 Corrective justice theory of tort
 Right theory of tort
 Economic theory of tort
 CONCLUSION
 REFERENCE
QN. Briefly explain the theories of law of tort.
INTRODUCTION

A tort is a wrong committed by one party against another. But not every kind of wrong will be a
tort. This is because the basis of tort law is that we all have interests which the law should
protect. For instance where someone does a wrong, but the harm caused does not relate to an
interest protected by the law, there is no tort1. The word Tort is derived from the Latin Tortus
meaning twisted. It came to mean wrong. In English, the word Tort has a purely technical legal
meaning. Meaning that a legal wrong for which the law provides a remedy2.

MAIN BODY

Theory of tort is the philosophy behind that explain about the wrongs committed by one party
against another in law. So the following are the theories of law of tort as discussed in details.

Corrective justice theory. The theory purports that an individual has a duty to repair the wrongful
loses that caused by his or her conducts. For a loss to be wrongful in the relevant sense, it need
not be one for which the wrongdoer is morally to blame. It need only be a loss incident to the
violation or victims’ rights.

Economic theory of tort. This theory aims to minimize the costs of accidents and avoiding them.
This is to be accomplished in part by creating a system of incentives adequate to induce
individuals to invest appropriately in determining what the optimal precautions are and to take
them3

Right theory of tort. This view argue that tort law does not grant judges a general
jurisdiction to reallocate losses from plaintiffs to defendants if they think that it would
be fair, just and reasonable to make those defendants bear those losses. The task of a
judge is to determine whether the plaintiff’s rights have been violated, or threatened with
violation, and if they have, to provide the plaintiff with an appropriate remedy to protect those
rights appropriate response is compensation, to put the plaintiff in the position he or she was.

1
1 Frances Quinn, (2012).Tort Law, Pearson, England
2
Vivienne Harpwood (200). Principles of Tort Law. 4Edt, Cavendish
3
3 Abel Richard (1990); A critique of Tort. UCLA Law Review
 Bibliography
Abel Richard (1990). A critique of Tort. UCLA Law Review

Vivienne Harpwood (200). Principles of Tort Law. 4Edt, Cavendish

Frances Quinn, (2012).Tort Law, Pearson, England