Tort Law
Tort Law
Tort Law
TECHNOLOGY
To constitute a tort three things must concur:
ELECTRICAL DEPARTMENT (a) There must be a wrongful act by the defendant.
(b) Legal damage to the plaintiff
DIPLOMA IN ELECTRICAL ENGINEERING (c) The wrongful act must be of such a nature as to give rise to a legal
remedy in the form of an action for damages
MODULE III
Differences between contract and tort
UNIT: ESTIMATION, TENDERING AND ENGINEERING
SERVICES CONTRACTS
CONTRACT TORT
SUB MODULE UNIT: CONTRACTS
1. Duties are imposed by law
THE LAW OF TORT 1. In contract the duties are
e.g. we must not be
A Tort is an act which causes harm to determinate person, whether fixed by the parties
negligent of others
themselves
intentionally or not, not being a breach of a duty arising out of a
Necessities privity between 2. Privity is not needed in tort
personal relation or construct and which is either contrary to law or 2.
the parties i.e. only the parties to maintain an action in
an omission of a specific legal duty or a violation of an absolute right. to the contract can sue each tort
other.
Sometimes the same act may be actionable under criminal law and law Principles which determine liability in tort
of tort e.g. assault is both a crime and a tort. To determine whether the plaintiff has any remedy in cases of tort
Sometimes an act may amount to a tort, a breach of contract and a crime depends on the following principles: -
The corporation can sue for any wrong affecting its property or business Generally a parent or guardian is not liable for torts committed by his
but cannot sue or be liable for wrongs of a personal nature e.g. battery, children unless he authorized the act or if the tort was occasioned by his
personal defamation. negligence e.g. where a father allows his child to remain in possession of
(h) Persons of Unsound Mind neighbors are persons who are so closely and directly affected by my
act that you ought to have them in contemplation as you direct your
A PUM is generally liable for his torts e.g. assault. But a P.U.M will not
be liable for a tort where intent is a necessary element and their mind to the acts or omissions which are called in question.
condition is such that they could not have formed such intent unless
the court is of the opinion that he was capable of forming such an
intention. The lunacy may be a defence in torts based on malice or DEFAMATION
specific intent.
The tort of defamation consists in the publication of a false statement
NEGLIGENCE regarding another person without lawful justification which tend to
Negligence is the omission to do something which a reasonable man, lower his reputation in the estimation of right thinking members of
guided upon those considerations which ordinarily regulate the society; or which causes him to be shunned or avoided or has a
conduct of human affairs, would do or doing something which a tendency to injure him in his office, profession or trade. Defamation
prudent and reasonable man would not do. may be committed either by way of speech, writing or its equivalent
Or: Ingredients of defamation
Where there is a duty to take care and where failure in that duty has In order to maintain an action for defamation it must be proved that
caused damage. the statement complained is
Elements of negligence 1. False statement
In order to maintain an action for negligence the plaintiff must prove; 2. Defamatory
(i) The defendant owed him a duty of care. 3. Referred to the plaintiff and
(ii) That there has been a breach of that duty and 4. Published.
(iii) That the plaintiff has suffered injury to his person or property. TRESPASS
Duty of care Trespass is unjustifiable interference with the plaintiff’s possession e.g
Duty of care is the duty of care to avoid acts or omissions which you land or unjustified entry independent of intention to trespass. An action