Nature of tortuous liability essay
Difference between crime and tort Being a civil injury, tort differs from crime in all respects in which a civil remedy differs from a criminal one. However, this is not to be confused with exemplary damages.
Essentials of tort
The maxim does not mean, as it is sometimes supposed, that there is a legal remedy for every moral or political wrong. Before tort reforms came into existence, courts had difficult times in establishing when to relax the stipulated requirement of proof of causation Murphy, Tort versus Contracts: A comparative analysis: 1 The nature of a tort is that it is a civil wrong. Malice- malice is not essential to the maintenance of an action for tort. It is a public wrong. Motive is immaterial in contracts. This theory is supported by Pollock and courts have repeatedly extended the domain of the law of torts. With more individuals taking part, the amount of injuries has escalated and the amount of negligent lawsuits soon followed. It may result in an injury to an individual or group of people, their assets and belongings, status etc for which they are legally entitled for a compensation. Establishing Liability Based on the tort law, a person owes another person a duty of care given that the first person could have reasonably foreseen the potential injury, economic loss or death. If the new rules of English statute law replacing or modifying the common law are more in consonance with justice, equity and good conscience, it is open o the courts in India to reject the outmoded rules of common law and to apply the new rules. In this case the returning officer has acted maliciously. According to this definition tort is a wrong but it does not explain what is wrong and what kinds of wrong explaining jural features of tort. However, this form of tort differs from intentional tort as regards the manner the duty is breached.
Motive is often taken into consideration in tort, but it is immaterial in a breach of contract. Thus, the branch of law that deals with criminal conduct evolved a lot faster than the branch of law that deals with torts.
Intention is usually irrelevant. Council v Shirt case argued that a person can only be held liable for insignificant risks.
Even for social development, orderly growth of the society and cultural refineness, the liberal approach to tortious liability by court would be conducive.
For example, in an action of defamation, if the defendant pleads qualified privilege, the plaintiff can defeat him by proving malice — in - fact b Malice — in - Law: Refers to a wrongful act done intentionally, without just cause or legal excuse.
based on 43 review