3. Objectives of today’s Session
What is Tort?
Meaning of Tort
Definition of Tort
Essentials of Tort
Difference between Tort and Crime.
4. Ice-Breaker Activity
if, someone throws water on
you?
You are sitting in a class and
someone pulls your chair.
if, your neighbour throws
garbage in your garden?
you are walking on a road and
you fell down in a manhole.
What will your
recourse be?
5. History of Law of Tort
Law and civilisation co-exist. One cannot exist without
another. If one flourishes, the other one develops too
and with the decline in one, the other suffers. So, for
offences related to day-to-day affairs, tort law was
formed.
Roman principle.
ALTERIUM NON- LAEDERE. “Not To Injure
Another”.
HONESTY VIVERE “To Live
Honourably”
SUUM CLIQUE TRIBUERE to provide justice to
each person.
All these three maxims can be attributed for the
development of Law of Torts.
6. Scope of law of Tort
• Civil Wrongs
• To Punish Wrong Doer
• Promote Peace in the
Society
• Damages
• Remedies
• Justification Of Wrongful
activities
Itisthe
studyofthe:
8. Definition Of Tort
According to Salmond
• , “It is a civil wrong for which
the remedy is common law
action for unliquidated
damages and which is not
exclusively the breach of the
contract or the breach of the
trust or other merely equitable
obligation.
According to Winfield
“Tortious liability arises
from the breach of duty
primarily fixed by the law:
this duty is towards the
persons generally and its
breach is redressable by
an action for unliquidated
damages.”
9. What is a Crime?
An act or an omission which constitutes an offence & which
is punishable by law
Acts which are inherently wrong
‘Mala in se’ – wrong by itself
• E.g. murder, rape, kidnapping, assault
These acts are illegal because they are immoral
Many activities have become criminalised on an evolutionary
basis through common-law
10. Difference between Tort and
CrimeTort Crime
Wrong against an individual. Wrong against state.
Defendant prosecuted in civil
courts.
Defendant prosecuted in criminal
courts.
A civil action will be brought against
defendant.
A criminal charge may be imposed
on defendant.
If guilty then wrong doer must pay
compensation or damages to
injured party.
If found guilty then wrong does pay
compensation and also punished.
11. continued…….
Main purpose of law of tort is to
compensate injured party and
punished wrong doer.
The main purpose of criminal
law is to maintain law & order
and to protect public.
Branch of private law. Branch of public law.
Burden of proof on claimant. Burden of proof of prosecution.
14. Legal Damage to Palintiff
Injuria Sine
Damunm
• Injury without
damages.
• (Right to vote)
Damunm Sine
Injuria
• Damages
without
violation of
legal right.
• (Coaster
Grammar
School)
