Kinds of Torts

Torts VS Contracts and

Crime
Nasir Ahmad Shaikh vs State Life
Insurance
 Kinds of Torts:
1. Nonfeasance is defined as the intentional failure (omission) to perform a required
duty or obligation.
Non-performance of a required duty e.g if a daycare worker fails to supervise
children, causing serious harm
2. Misfeasance is when someone performs an action incorrectly or a legal act
performed in an illegal manner.
If a catering company is contracted to provide both food and drinks for a
wedding, yet only provides drinks and forgets the food, which was already paid for.
3. Malfeasance is the commission of an unlawful act.
E.g. Hiring an incompetent individual on nepotism basis.

 Which of them should be the most egregious violation?

Situation 1

 “In defiance of the June, 2015 U.S. Supreme Court ruling in Obergefell v. Hodges,
which granted same-sex couples the right to marry, Kim Davis, the county clerk
for Rowan County, Kentucky, began refusing to issue marriage licenses to any
couple, in order to avoid issuing licenses to gay couples. Davis, an elected
official, also refused to allow her deputy clerks to issue licenses, as they would
contain her name and title.”
 Which kind of tort is committed here?
Situation 2

 Registrar of Public University hires his son-in-law at the university to teach in the
chemistry department. He is well aware that there is a anti-nepotism law being
enforced in the university and hides that the hired person is his relative.
 Which kind of tort is committed here?
 What if the registrar had no knowledge of the said statute?
 If you are supposedly an affectee of the registrar’s act. As the most suitable and
qualified candidate, in relation to you, under what category your claim would lie?
Contracts VS Torts

 Consent
 Privity
 Right in rem or personem
 Motive and Intention
 Compensation
Tort VS Contract

 Torts and contracts are not mutually exclusive:

 A duty may arise out of a contract as well as tort
 Which form should a victim choose?
 The one which benefits him the most
 Can he use both forms of compensation?
 No, protection against double punishment
 A construction company is contractually required to complete a project within 1
year. Due to their negligence, they are unable to complete in the time limit. After
negotiations fail, what recourse(s) would the injured party have?
Crime vs Torts

 Rights
 Tort interferes with a person’s civil rights, crime interferes with the rights of the public
 Compensation and Punishment
 State party or not
Crime vs Torts

 Torts and crimes are also not mutually exclusive:

 The same act can be a crime or a tort e.g. assault, libel, theft
 Which form should a victim choose?
 There is no choice here, he has to file a suit for torts and instigate the state to prosecute
the individual
 Does this not amount to double punishment?
 No, tort suit is for compensation
Situation 3

 If A contracts B that he would not harm C. Then assaults C.

 Breach of contract?
 Tort?
 Crime?