Bachelor of Sharia and Law – Law of Tort II

LAW OF TORT

The word ‘tort’ is derived from the Latin tortus, meaning ‘twisted’. It came to mean
‘wrong’,

A tort is a civil wrong for which the legal remedy is an action brought by means of civil
proceedings by or on behalf of the injured party for damages or some other legal
remedy desired by the person who has suffered the wrong.

Professor Winfield’s definition:

o “Tortious liability arises from the breach of a duty primarily fixed by law; this
duty is towards persons generally and its breach is redressable by an action for
damages.”

Elements of a tort-

1. A wrongful act or omission. (Legal wrong)

2. Wrongful act or omission should give rise to the damage or injury. (Legal
damages)
3. Wrongful act must be of such a nature that it gives rise to legal remedy in order
to compensate for losses. (Legal remedy)

Types of Torts

1. Intentional torts: Civil wrong that occurs when the wrongdoer engages in
intentional conduct that results in damages to another.

– Trespass – Person, goods, land, Defamation, Invasion of privacy

2. Negligence: Careless conduct that results in damage to another.

Employer’s Liability, Vicarious liability, Occupiers liability

3. Strict liability: liability can arise even when there is no intention to cause harm
or negligence.

Product Liability, Animal Liability, Liability in Ryland v Fletcher

Uz. Ibrahim Rasheed - Lecture Notes Page 1

Bachelor of Sharia and Law – Law of Tort II

Law of Tort II:

Tort law is concerned with civil wrongs. It describes a body of legal doctrines that have
in common the legal principles of relations between parties, where one person has
caused personal injury, property loss, financial loss or loss of reputation and privacy to
another person. Generally, every claim that arises in civil court, with the exception of
contractual disputes, falls under tort law.

The concept of this area of law is to redress a wrong done to a person and provide relief
from the wrongful acts of others, usually by awarding monetary damages as
compensation. The original intent of tort is to provide full compensation for proved
harms. Law of Tort II cover the specific torts including Trespass, defamation, Nuisance,
Employers liability, Occupiers liability and other torts with remedies.

Uz. Ibrahim Rasheed - Lecture Notes Page 2