Civil or non-criminal wrongful conducts or omissions arising out from non-contractual obligations and causing injuries to another party by providing remedies for the injuries.
“Tort”norman-french language –means mischief and wrong
Comes from latin- tortus – means crooked, wrung and twisted.
Sir John Salmon – Tort: a civil wrong for which the remedy is a common law action for unliqudated damages, and which is not exclusively the breach of contract or trust or other equitable obligation
Sir Percy henry Winfield- tort – the breach of duty affixed by the law, where the duty is one towards the person generally and its breach is redressible by action of damages
Person commits tort = tort-feasor/wrongdoer
Wrongdoing – tortious act
Injured part – can claim unliquidated damages eg. Compensation
Damages – not specified – decided by court
Tort comprises of following features: * Tort – non-contractual civil wrongdoing or omission * The wrongful act or omission injured the interest /rights of other party * Affected.injured party – rights to claim for unliquidated damages
Torts divided into 2 classes 1. Unintentional torts – negligence, strict liability 2. Intentional torts- trespass, defamation
-Failure of exercise care
-harm caused by carelessness, not intentional harm
Definition – by Professor Percy Henry Winfield:
Negligence: the breach of legal duty – to take care, which result in damage, undesirable by the defendant to the plaintiff. <3
Lochgelly Iron and Coal Co v. Mcmillan: neg – more than careless and heedless conduct. It implies the complex concept of breach, duty and damage. Suffered by the person to whome the duty is showing.
Negigence – 3 elements – must be proved by the affected person 1. There is a legal duty of care owed by the tort-feasor to the affected person 2. There is a breach of legal duty by tort-feasor 3. The breach of duty brings damage or injury to the affected person