Tort (Encyclopedia Britannica)

Wrongful act, other than a breach of contract, that injures another and for which the law permits a civil (noncriminal) action to be brought. Relief may be obtained in the form of damages or an injunction. The term derives from Latin tortum, meaning “something twisted, wrung, or crooked.” Assault, defamation, malpractice, negligence, nuisance, product liability, property damage, and trespass are all (apart from their potentially criminal and contractual aspects) torts.

Categories of torts

The dominant action in tort is negligence, which is used to protect people’s bodies and property, including non tangible economic interests. There are certain torts that specially protect land, such as nuisance, which is strict liability for neighbors who interfere with another’s enjoyment of their property. Trespass allows owners to sue for intentional incursions by people on their land. There is a tort for false imprisonment, and a tort for defamation, where someone makes an unsupportable allegation represented to be factual which damages the reputation of another. There are statutory, creating product liability and sanctions against anti-competitive companies. The foundation of labor law in the modern welfare state also begins with tort, as a means to mitigate conflicting relations between unions and employers. And now the scope of tort law’s application spreads every day. As Lord MacMillan said, in tort’s most famous case, “the categories of negligence are never closed”.[2]

Elements of Torts:
1-There must be a wrongful act
2-The wrongful act must give rise to legal damage
(not necessarily legal damage)
-Damnum Sine Injuria (actual damage without legal damage)
*Bradford v Pickles, D sank shaft-water discolor-P sued-ct held xlegal damage but yes actual damage.
-Injuria Sine Damnum (legal damage without actual damage)
*Ashby v White, P’s right to vote was in bridge during election
3-The wrongful act must be of such nature as to give rise to legal remedy in the form of an action for damages.

General Defence:

1-Volenti Non Fit Injuria (voluntarily assumption of risk).

Definition: Legal maxim: “No wrong is done to the one who consent”
-essential elements:

  1. Knowledge of the risk,must have full knowledge,mere knowledge is sufficient. *Smith v Charles Baker & Sons, P works at an environment where heavy stones are lifted over his head-report to D-xaction-hits and injured him-P sued,D rely on volenti, ct held xliable as it was the way of P’s work.
  2. Voluntariness, the P must have genuine freedom of choice whether to submit to the risk.*Imperial Chemical Industrial v Shatwell, P and bro works at a mine & didn’t obey D’s instruction.They use certain explosion without precautious- explode & P injured. –Ct held volenti xapplied coz no pressure from D,volenti applied.

2-Mistake : * Chatterson v Gerson Supra

3-Private Defence : Requirements:

  • violence
  • weapons used
  • previous reputations – *PP v Dato Balwant Singh

4-Illegality , an action cannot be fpund on a bad caused – *Ashton v Turner

5-Necessity, choose violation of 2 interest but pick lesser one. *Cope v Sharpe, *Burmah Oil Corporation v Lord Advocate

6-Act Of God, natural event but unexpected. *Grennock Corp v Caledonian Railway Co, * Kwan Sun Ming v Chak Chee Hing

7-Invitable accident – *Thangachimah & Anor v Flower

8-Statutory Authority – *Majlis Perbandaran Ampang Jaya v Stephen Phoa Cheng Loon


One Response to Tort (Encyclopedia Britannica)

  1. adenna says:

    gggggrrrrrrr….this is injuria sine damnum!!! Legal damage without actual damage!!

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