3. Principles of tort
of tort
• Law gives various rights to persons
Law gives various rights to persons
• A duty imposed by law to respect the legal
right of others
right of others
• When a right is infringed, the wrongdoer is
liable in tort
liable in tort
– e.g. invasion by trespassers into a property
• When a tort is committed, the remedy is an
When a tort is committed, the remedy is an
action for damages, i.e. compensation for
g
infringement
4. Crime, tort and breach of contract
Crime, tort and breach of contract
• Crime
– Prohibited by law
– The state prosecute the offender
The state prosecute the offender
– Punishable by fine or imprisonment
• B th t t d b
Both tort and breach of contract are
h f t t
– Civil wrongs
– The person wronged sues in a civil court for
compensation
5. Tortious and contractual liability
and contractual liability
• They are similar in that
They are similar in that
– Both are civil wrongs; and
– The person wronged sues in the court for
p g
compensation
• Differences
– In a tortious claim, the defendant may not have
any previous transaction or relationship with the
claimant
l i t
– In a contractual claim, the defendant and claimant
must be the parties to the contract
must be the parties to the contract
6. Wrong and damage
Wrong and damage
• You have to prove your loss if you want to
You have to prove your loss if you want to
claim damage
– No loss no compensation
No loss, no compensation
– E.g. Page 226
• E
Exercise
i
– Activity 1, page 227
7. Remoteness of damage
Remoteness of damage
• When a person commits a tort with the
When a person commits a tort with the
intention of causing loss or harm which in fact
results from the wrongful act, the loss or harm
results from the wrongful act the loss or harm
can never be too remote a consequence.
– i e You are liable to the loss or harm caused by
i.e. You are liable to the loss or harm caused by
you when you have intention to do so
• Damages will be awarded for it
Damages will be awarded for it
Page 227‐228
8. Assignment 2
Assignment 2 – 3a
• Compare and contrast tortious liability and
and contrast tortious liability and
contractual liability
• Compare between tortious liability and
contractual liability in terms of:
l li bili i f
– Similarity
– Differences
