General Introduction, Defination, And Essentials of Tort

1. LAW OF TORT
TORT
GENERAL INTRODUCTION, DEFINITION, & ESSENTIALS

2. INTRODUCTION
Emon Kumar Shaha
1st Year 2st Semester
Department of Law and HR
University of Asia Pacific

3. What is a tort?
A tort is an act of civil offense
committed against a person
that results in injury, harm, or
loss.
The term derives from Latin
tortum, meaning “something
twisted, wrung, or crooked.”

4. John Salmond
“Tort is a civil wrong for which the
remedy is a common-law action for
unliquidated damages, and which is not
exclusively the breach of contract, or,
the breach of trust, or, other merely
equitable obligation.”

5. Characteristics of Tort
A tort is a civil wrong.
A tort is a private wrong.
A tort is an infringement of a right in rem.
The remedy for tort is unliquidated damages.
The law of tort is uncodified.

6. For example,
If A person walking down the road and a speeding driver knock him down,
the driver should compensate him for the injuries. As, both of them have
never met, meaning they don’t have an agreement on how the driver
should pay the damages. In this situation, tort laws will apply, which are a
collection of standard guidelines that describe how to compensate
someone who has been harmed or who suffers losses as a result of the
actions or inactions of another person.
Characteristics of

7. Essentials of Tort
The existence of a duty of reasonable care
to be observed towards others.
The wrongful commission or omission of an act.
Causation of actual damage or infringement of legal
rights due to such wrongful commission or omission.
The remedy.

8. Gartside v Sheffield [1983] NZLR 37
Fact:
An 89-year-old woman requested her attorney to draft a new will that
would leave the majority of her wealth to Jack Gartside. On October 5, the
lawyer came to her house and took her instructions for writing a new will.
Harrold died on October 12, without having signed the new will. As a
result, Gartside received nothing from the inheritance because her sister
had already inherited the estate by a previous will. Gartside claimed the
attorneys were careless, but the attorneys argued they had no
responsibility.
Held:
The Court upheld his claim, ruling that they did have a duty of care to a
client.

9. Liza v Greenline [2018]
Fact:
Mr. Sabbir, a father of two sons, was run over by a speeding public bus on
3 September 2018. He was taken to the nearby hospital, examined by a
doctor on duty, and certified dead.
The bus was owned by a private company, named Greenline.
Liza sued Greenline for damages for the death of her husband.
Held:
The Court court ruled in Liza’s favor and awarded her 3.25 crores in
damages for the wrongful death of her husband Sabbir.

10. Law is not Law if it violates the
principles of eternal justice.”
–Lydia Maria Child.
TORT 109
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