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UNIT 1 A. Law of Torts
UNIT 1 A. Law of Torts
NATURE –
• Law of Torts is a branch of law controlling the
behaviour of people in society.
• Aim – to define individuals rights and duties in
the light of prevalent standards of reasonable
conduct and public conveniences.
• Main aim – provide compensation to the
victims or their dependants.
ORIGIN OF THE TERM ‘TORTS’
• In law it means ‘a wrong’ or ‘injury’ which can
be redressed by an action for damages at the
instance of the wronged or injured person
• Derived from a latin term ‘Tortum’- twisted or
crooked act.
• It was introduced in English law by French
speaking lawyers or judges after the Norman
conquest.
• Debt, tresspass,heir
HISTORICAL DEVELOPMENT
• In the 17th century procedure was considered more important
than rights of a person.
• There were certain recognised forms of writs /actions which
could be used for providing remedy for a wrongful conduct.
• RULE- UBI REMEDIUM IBI JUS I.e where there was no writ
there was no right .
Ultimately the Judicature Act 1872 & Common
Law Procedure Act 1852 abolished the writs
and there was a shift of primacy
i.e UBI JUS IBI REMEDIUM- where there is a
right there is a remedy.
• The person committing the Tort – TORT
FEASOR / JOINT TORT FEASORS
• The person who suffered injury – INJURED
• Act- TORTIUS ACT
• Damages - COMPENSATION
DEFINITIONS
• It has been rightly remarked that-
• ‘ A satisfactory definition of Tort is almost certainly an
impossibility’ - Winfield
• Reasons –
• Its uncodified ( based on case laws ).