Concept of Torts | Civil Law for Judiciary Exams PDF Download

Introduction

• A tort can be defined as a wrongful act that leads to civil liability, allowing for the recovery of compensation.
• The term "tort" has its roots in Latin, meaning "twisted."
• Salmond defines a tort as a civil wrong that can be remedied through common law actions for unliquidated damages, not solely arising from contract or trust breaches.
• According to Winfield, tortious liability results from breaching a duty established by law towards individuals in general, with remedies sought through actions for unliquidated damages.

Examples:

• Scenario 1: If a person negligently causes a car accident, resulting in injuries to another driver, it could be considered a tort. The injured party can seek compensation for medical expenses and damages.
• Scenario 2: If a company releases a defective product that harms consumers, leading to a lawsuit for compensation, it falls under tort law.

Essential Elements of Torts

• Wrongful Act: A wrongful act in torts occurs when a person fails to fulfill a legal duty, resulting in harm to another individual. This violation can affect the victim's reputation, bodily safety, and legal rights.
• Legal Damage: Legal damage differs from actual damage in tort law. Injuria sine damno refers to a situation where there is a breach of a legal right without actual harm, which is still actionable. On the other hand, damnum sine injuria involves damage without a corresponding legal injury. For instance, in the case of Ashby v. White, the plaintiff was denied the right to vote, leading to the awarding of damages. In the Gloucester Grammar School Case, where a competing school was established nearby, no compensation was granted as there was no legal injury.
• Legal Remedy: In tort law, for an action to be considered a tort, there must be a legal remedy available. Without the possibility of legal recourse, a situation may not qualify as a tort.

Law of Tort or Law of Torts

According to Winfield, the field of tort law is continually evolving with the addition of new torts, hence it is referred to as the law of tort. In contrast, Salmond believed it should be called the law of torts.

Understanding Torts: Key Concepts

• Act or Omission: Torts require a wrongful act, which can either be an action taken or a failure to act. These actions should be within human control. For example, if a driver runs a red light and causes an accident, it constitutes a wrongful act.
• Voluntary or Involuntary: Wrongful acts in torts can occur either intentionally (voluntary) or accidentally (involuntarily). For instance, intentionally pushing someone or accidentally spilling hot coffee on someone both fall under tort law.
• Intention, Motive, Negligence, and Recklessness: Actions leading to torts may stem from intent, motive, negligence, or recklessness. For instance, if someone intentionally spreads false information about another person, it could lead to a defamation lawsuit.
• Malice: Malice is not always a requirement in all tort cases. However, it is crucial in specific situations such as defamation, malicious prosecution, or malicious damage to property. For example, if someone knowingly spreads harmful lies about a business rival to ruin their reputation, it constitutes malice.
• Malfeasance, Misfeasance, Nonfeasance: Malfeasance involves committing an unlawful act, misfeasance is performing a lawful act incorrectly, and nonfeasance is failing to perform an act when there was an obligation to do so. For instance, a doctor performing surgery under the influence of alcohol would be an example of malfeasance.
• Fault: Any action that infringes upon the rights of another person can lead to a tort. For example, if a property owner fails to maintain their premises, leading to injuries to a visitor, it constitutes fault in tort law.

Distinguishing Between Tort and Contract

• Contracts require free consent for validity, while torts occur without consent.
• Unlike contracts, torts do not involve the doctrine of privity, meaning third parties are not directly involved in decisions related to torts.
• Torts violate rights in rem (rights against the world at large), whereas breaches of contracts infringe upon rights in personam (rights against specific individuals or entities).
• Motive is a significant factor in tort cases but is generally not as relevant in contract disputes.
• While damages in tort cases are not strictly limited, damages in contract breaches are typically determined by the terms agreed upon by the parties.

Understanding the Distinction Between Tort and Crime

• Private vs. Public Impact: A key disparity between a tort and a crime lies in their impact. While a tort primarily affects the private rights of an individual, a crime has repercussions that extend to the entire society.
• Recovery and Punishment: In the realm of tort, compensation is typically sought from the wrongdoer to address the harm caused. Conversely, in criminal cases, the individual committing the crime is subject to punishment by the State as a means of upholding justice.
• Legal Proceedings: When a tort occurs, the affected party initiates legal action to seek redress. On the other hand, in criminal situations, it is the State that oversees the legal proceedings against the accused.

Conclusion

• A tort is a civil wrong that leads to civil proceedings. It occurs when a person's rights are violated, and the wrongdoer compensates the victim.
• Example: If someone is injured due to another person's negligence, it could be considered a tort. The injured party can seek compensation through civil legal action.
• Torts are typically resolved through monetary compensation to the victim, aiming to restore them to the position they were in before the harm occurred.