Introduction to the law of

Tort
Week 02
What is tort?
A tort is a civil wrong.

Tort law sets standards for our behavior & provides remedies if we do not meet
those standards. It imposes on each member of society the duty to take
reasonable care to avoid causing harm to others. It provides legal recourse to
those who suffer harm as a result of this breach of duty.
Tort is derived from the Latin word ‘Tortum’ which means twisted or wrong & is
opposite to the word ‘ ‘Rectum’ which means straight.

Everyone is expected to behave in a straightforward manner & when one deviates

from this straight path into wrong ways he has committed a tort.
1) Tort is a breach of some duty independent of Contract giving rise to a civil cause of
action & for which compensation is recoverable.
2) Tort is a civil wrong for which the remedy is a common action for unliquidated
damages.
3) Tortious Liability arises from breach of a duty, primarily fixed by law; this duty is
towards persons generally & its breach is redressable by an action for unliquidated
damages.
4) A legal wrong for which the law provides a remedy.
Tort law is the part of law for most harms that are not either criminal in nature or
based on a contract.
+ Intentional torts
+ Unintentional torts
+ Physical torts
+ Abstract torts
+ Torts involving people
+ Torts involving property
Difference between a Tort & a Crime
A criminal act is normally prosecuted by the state through the criminal courts,
whereas a tort is a civil action where an individual brings his claim against the
wrongdoer in a civil court at his discretion.
Elements of Tort
We normally have 4 elements attributed to tort.

+ Duty
+ Breach of Duty
+ Causation
+ Injury
Parties to a Tort
The following can be the parties to a tort:
+ Any individual
+ State ( government )
+ Corporation
+ Spouses
+ Minors
+ Unborn Child
(1) Individual
As a general rule, anyone may bring an action in tort.

Filartiga v Pena Irala - Alien Torts Act (USA)

(2) State
Initially, at common law, no action can be taken against the State. But statutory provisions have removed
this immunity. In England, the State can sue and be sued by virtue of the Crown Proceedings Act 1947.

In the Republic of Maldives the Maldivian Constitution states:

“The government shall have the right to sue on behalf of the State and to defend any action
against the State in any court of the Maldives, or in any foreign court or in any such other place.”

The State may, in certain circumstances, be vicariously liable to the acts and omissions of its servants or
agents. There are specific rules on the procedure as to how and what actions can be taken against the
State.
(3) Corporations
A corporation has a separate and distinct legal entity from its members. It may commit tort
or have torts committed against it.
There are, however, certain torts which could not be committed against a corporation, e.g.
assault and battery or false imprisonment. Section 15(a) of the Maldivian Companies Act
reads:
“The company upon registration shall become a legal entity distinct from its
members by the name contained in the memorandum of association capable of
forthwith exercising all the powers and functions specified in its memorandum and
articles of association and of suing and being sued and having a perpetual
succession and a common seal with the power to hold movable property and
immovable property as is permitted by law.”
(4) Spouses
In England, before 1962, a spouse could not bring an action against the other. The
Law Reform (Husband and Wife) Act 1962 allows a husband and wife to sue and
be sued by each other in tort.

Therefore a husband or a wife may now bring an action against each other,
claiming an act of tort has been committed against each other.
(5) Minors
Tortious liability is not generally subject to any age. Minors are judged by ordinary
tort principles. They may sue in tort through their ‘next of kin”, and be sued. A
parent may be vicariously liable in negligence for giving the minor the opportunity
to cause harm or damage
(6) Unborn child
No action will lie for negligently bringing a child into this world. However, a child
may bring an action for damage done to it between conception and birth as the
result of the negligence of those who have been looking after its mother’s health.
Tortfeasors
Tortfeasors are defined as parties who commit an act of tort against someone. By
the definition of a Tortfeasor, you are someone who has fulfilled the for elements of
an act of tort.
Joint and Several Tortfeasors
In an act of Tort, sometimes, the tortfeasors may be several parties, who are
collectively committing an act of tort against someone. Eg: a group of people
playing loud music in the middle of the night.

This is what we call as a Joint Tortfeasors. More than one individual commits an
act of tort against a person collectively.
Several Tortfeasors are said to be present where more than one individual
commits an act of tort against a party, which is not done collectively, but
separately.

Eg: One neighbour may be playing loud music in the middle of the night, while
another neighbour may be doing some wood works at the same time. Both are
committing an act of tort against a party, but it is not collective. Therefore this is
said to be a tort committed by several tort feasors.
Tutorial Question 02
What is the difference between a crime and a tort? What happens when an
individual commits and act of tort against someone, which also happens to be a
criminal offense?

Explain with an example.

(10 Marks)