Name of student: Siele Victor

Admission no.: DWE1/M07460/2018

TORT:
Definition:
A tort is an act or omission that gives rise to injury or harm to another and
amounts to a civil wrong for which courts impose liability.
TYPES OF TORT
A. INTENTIONAL TORT
Purposeful breach.
Burden of proof: act was with wrongful objective.
i. Assault
Act, instilling fear of imminent, harmful contact e.g.threat. No physical contact.
ii. Battery
Unlawful force. Physical contact.
iii. False imprisonment
Personal movement restriction without consent/notification.
B. PROPERTY TORT
Related to owned possession/assets. Not personal right.
i. Trespass to land
Individual/object of an individual causing invasion/encroachment to another’s
land.
ii. Wrongful conversion
Intent to transform tangible property to own possession and use e.g. buying a
stolen phone.
iii. Trespass to goods
Tresspass in goods consist in committing, without lawful justification, any act of
direct physical interference with a chattel in possession of another person.
-SALMOND
e.g. throwing stone to a car, poisoning dog.
C. DIGNITARY TORT
Injures reputation and honor.
i. Defamation
Unjustified malicious publication of statement about an individual.
ii. Invasion of privacy
Unjustified intrusion to someone’s personal life and space.
iii. Breach of confidence
Confidential information disclosed to then determinant of an individual.
e.g recently sacked threathening to release sensitive information.
iv. Malicious prosecution
Unjustified initiation of criminal proceedings to an innocent person.
Suable after cleared from charges.
D. ECONOMIC TORT
a.k.a business torts.
Providing common law rules on liability which arise out of business transactions
e.g. interference with economic business relationship.
i. Tortious interference
Causing damage of contractual relationship with third party.
ii. Tortious conspiracy.
Includes civil conspiracy under which there is n agreement between two or more
persons to deprive legal right/ deceive a third person to obtain an illegal
objective.
iii. Fraud
Said/done intending to trick people or false misinterpretation that causes another
to act/respond.
Purposeful omission of material facts making other statements misleading.

iv. Restraint to trade.

Contractual obligation restricting trade business/profession.
Restricting lawful business of another.
E. OTHER TORT
i. Negligence
Careless act leading injury under the legal principle of “negligence” hence liable to
any resulting harm.
Essentials/principle:
 Duty to care.
 Breach of such duty.
 Damage to plaintiff.
ii. Nuisance
Offensive/annoying acts to individuals or community within a public of private
space, especially in violation of their legal rights.
Types: private, public nuisance.