The nature of the law of torts

Question 1

What is a tort?

Answer 1

a tort is a civil wrong, for which the remedy is a common law action of unliquidated damages, and which is not exclusively a breach of contract or a breach of trust or, or other equitable obligations.
- BY SALMOND

Question 2

what is tortious liability ?

Answer 2

this is a breach of a duty fixed by law and that duty is owed towards a person and can be remedied by an action of unliquidated damages.
- BY WINFIELD

Question 3

what are the Purposes of the law of torts?

Answer 3

1. provide peaceful means of adjusting the rights of parties.
2. deter wrongful actions in public.
3. encourage socially acceptable behavior.
4. restore injured parties to their original positions.

Question 4

what is the scope of interests protected by the law of torts ?

Answer 4

1. intentional invasion of personal and proprietary interests.
2. economic interests.
3. interests in intellectual property.
4. interference with personal and proprietary interests arising from negligence.

Question 5

what are the differences between a tort and a crime?

Answer 5

1. a tort is a civil wrong while a crime is a public wrong.
2. a tort traditionally arises from the breach of a legal duty while a crime arises from the breach of the penal code or other statutes.
3. the complainant in tort is called the victim while in a crime the complainant is the state.
4. a tort only entitles the victim to an action for liquidated damages whilst a crime attracts penal sanctions which are fixed by the statute.