Everand Logo

Welcome to Everand!

  • Discover millions of ebooks, audiobooks, and so much more with a free trial

    Only $11.99/month after trial. Cancel anytime.

    An Introduction to the Study of Tort
    An Introduction to the Study of Tort
    An Introduction to the Study of Tort
    Ebook65 pages49 minutes

    An Introduction to the Study of Tort

    By Nayab Naseer

    4.5/5

    ()

    Read preview

    About this ebook

    This book covers the basics of the law of torts, such as what is tort, different between tort, contract and crime, essential conditions of a liability in tort, defenses available when someone accuses you of harming them, the doctrines of strict and absolute liability, liability of occupiers, how to discharge from a tort case, and much more. All points are explained with case studies. This book is useful for LLB students and anyone who has an interest in this crucial branch of law.

    LanguageEnglish
    PublisherNayab Naseer
    Release dateJun 9, 2017
    ISBN9781311326904
    An Introduction to the Study of Tort
    Author

    Nayab Naseer

    Nayab Naseer is a post graduate in Human Resource Management with over a decade of corporate work experience in India and the Middle East. He likes to travel, read books, and write!

    Read more from Nayab Naseer

    Related to An Introduction to the Study of Tort

    Related ebooks

    Law For You

    View More
    View More

    Related podcast episodes

    Related articles

    • Article

      Reimagining Legal Education

      Jun 27, 2019

      Reimagining Legal Education
      3 min read

    • Article

      No Legalization of Sharia Law

      Jul 28, 2017

      Q: Did a Muslim federal judge rule two parts of sharia law legal? A: No. That only happened in a fake story on a satirical website. FULL ANSWER Sharia is […] The post No Legalization of Sharia Law appeared first on FactCheck.org.

      2 min read

    • Article

      Crime And Punishment

      May 30, 2018

      Crime And Punishment
      11 min read

    • Article

      Should I Go Back to School and Become a Lawyer?

      Mar 25, 2019

      Across the country there are 69 law schools accredited by the American Bar Association that offer part-time programs -- evening or weekend classes -- and normally require four years to complete. Approximately 1 in 10 graduates from ABA-approved schoo

      3 min read

    • Article

      Common Law Principles And The CPA

      Dec 11, 2019

      Common Law Principles And The CPA
      1 min read

    • Article

      How to Get Your Estate Plan Done While Under Coronavirus Quarantine

      Mar 30, 2020

      The coronavirus lockdown began in the California counties of Sacramento, Palm Springs, Los Angeles and Ventura, issuing unprecedented orders for all residents to remain in their homes except for certain essential activities. Then Gov. Gavin Newsom ex

      5 min read

    • Article

      Who Pays For Damage?

      Aug 29, 2019

      On August 27, 2019, changes to laws around tenant damage and meth contamination will come into effect. Some of these changes include: • Limiting tenants’ liability for careless damage in rental properties • Enabling landlords to recover damage from

      3 min read

    • Article

      Time For Reform

      Nov 28, 2019

      Time For Reform
      5 min read

    • Article

      Abandoned Tenancy: What To Do

      Dec 1, 2022

      MATTHEW GILLIGAN Matthew Gilligan is a property investor, developer and tax adviser. He is managing director of chartered accounting firm Gilligan Rowe & Associates, where he heads the specialist property and asset planning divisions. KRIS PEDERSEN K

      6 min read

    • Article

      How to Lose Your Case in Small Claims Court

      Jan 10, 2020

      The closest thing that most of us will ever come to meeting a Judge Judy is by suing or being sued in small claims court. Having served as a pro tem judge in small claims court, I learned that, next to being stopped by a traffic officer and getting

      4 min read

    • Article

      Case Of The Surprise Kiosk

      Sep 27, 2023

      Matthew Gilligan is a property investor, developer and tax adviser. He is managing director of chartered accounting firm Gilligan Rowe & Associates, where he heads the specialist property and asset planning divisions. Kris Pedersen of Kris Pedersen M

      7 min read

    • Article

      Six Big Fines You May Want To Avoid

      Nov 29, 2023

      I have found over the years that even the nicest, most well-meaning landlords can be held to task for accidentally breaching tenancy law. There have been untold cases where landlords have had to pay tenants a punitive amount of money for their uninte

      3 min read

    • Article

      Owed Money? When NOT to File a Lawsuit for It

      Nov 2, 2020

      “Our local newspaper wrote a nice article about me obtaining my license as an architect. This led to being contacted by ‘Diane,’ who wanted to do a remodel and expansion of her law office. She was my first client,” “Ed’s” email began. “Before being p

      3 min read

    • Article

      Getting Cross About The Cross-lease

      Dec 29, 2023

      Q We have a neighbour who shares a cross-lease with us and three others in Auckland. The neighbour is putting an 8x4 metre unit on the back of their property, which will overlook ours and severely impact our privacy. It is openly opposed by us and th

      6 min read

    • Article

      Left Holding The Can

      Mar 9, 2022

      Left Holding The Can
      3 min read

    • Article

      Keep Your Rental Tidy

      Jul 26, 2023

      Matthew Gilligan is a property investor, developer and tax adviser. He is managing director of chartered accounting firm Gilligan Rowe & Associates, where he heads the specialist property and asset planning divisions. Kris Pedersen of Kris Pedersen M

      7 min read

    • Article

      Non-consented Work Issues

      Aug 1, 2019

      Matthew Gilligan is a property investor, developer and tax adviser. He is managing director of chartered accounting firm Gilligan Rowe & Associates, where he heads the specialist property and asset planning divisions. Bernard is principal of Quinovi

      6 min read

    • Article

      Your Money Sorted

      Nov 6, 2020

      Your Money Sorted
      3 min read

    • Article

      Your Questions Answered

      Jan 28, 2022

      What’s the difference between joint and tenants in common? Q Can you explain the difference between being tenants in common and joint tenants? And does it have any bearing when it comes to making a Will or selling the property? S Barnsworth, Leeds Mi

      4 min read

    • Article

      Robust Debate Needed On Expropriation Bill

      Nov 16, 2020

      The mere thought of the state being able to acquire ownership of any property against an owner’s will is not something that can be taken lightly, but if you factor in the possibility of nil compensation, it is not surprising that the tabling of the E

      3 min read

    • Article

      Falling Short Of The Five-year Rule

      Feb 2, 2024

      Q We sold an apartment early last year, thinking it was just over five years from purchase, not understanding the five years only starts from settlement and ends at agreement to sell. We received a letter from the IRD that we will have to pay tax aft

      6 min read

    • Article

      Tax Implications Of Flatmates And Boarders

      Oct 25, 2023

      Q Due to a relationship separation, I am looking at bringing a flatmate/boarder into my owner-occupied property. Are there any tax implications if I have either a flatmate or a boarder? A Firstly, there is a difference between a flatmate and a boarde

      5 min read

    • Article

      When The Dream Turns Sour

      Mar 31, 2021

      When The Dream Turns Sour
      7 min read

    • Article

      When You're Not Happy With The Finish

      Mar 1, 2023

      Matthew Gilligan is a property investor, developer and tax adviser. He is managing director of chartered accounting firm Gilligan Rowe & Associates, where he heads the specialist property and asset planning divisions. Kris Pedersen of Kris Pedersen M

      5 min read

    • Article

      When You're Not Happy With The Finish

      Mar 1, 2023

      Matthew Gilligan is a property investor, developer and tax adviser. He is managing director of chartered accounting firm Gilligan Rowe & Associates, where he heads the specialist property and asset planning divisions. Kris Pedersen of Kris Pedersen M

      5 min read

    Related categories

    Reviews for An Introduction to the Study of Tort

    4.5/5

    2 ratings0 reviews

    What did you think?

    Tap to rate

    Review must be at least 10 words

      Book preview

      An Introduction to the Study of Tort - Nayab Naseer

      AN INTRODUCTION TO THE LAW OF TORTS

      Nayab Naseer

      Smashwords Edition

      Copyright 2017 Nayab Naseer

      This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you’re reading this book and did not purchase it, or if it was not purchased for you use only, then please return to your favorite ebook retailer and purchase your own copy. Thank you for respecting the hard work of this author.

      TABLE OF CONTENTS

      What is Tort?

      Essential Conditions of Liability in Tort

      Tort vs Contract vs Crime

      General Defences

      Remoteness of Damage

      Novus Actus Intervenis

      Independent Tortfeasors v Joint Tortfeasors

      Vicarious Liability

      Doctrine of Common Employment

      Strict Liability

      Absolute Liability

      Capacity

      The State in Tort

      Abuse of Legal Procedures

      Champerty and Maintenance

      Discharge of Tort

      Liability of Occupiers

      Liability of Dangerous Chattels

      What is Tort

      Tort = latin word tortum (to twist), meaning conduct which is twisted, crooked, or not straight

      Wrongful act whereby wrongdoer violates some legal right vested in another person

      Law imposes duty to respect legal rights, and person who makes a breach of such legal rights commits a wrongful act.

      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 ort breach of trust or other merely equitable obligation.

      Winfield: It is an infringement of a right of a private individual giving the right of compensation at the suit of the injured party

      1. Tort is a civil wrong : aggrieved party initiates legal proceedings for damages

      2. it is more than mere breach of trust or contract

      3. Wrong should be redress able by action for unliquidated damages (damages not previously determined)

      When there is both violation of contract and civil wrong, person can file a case on either ground, not both. However, criminal case can run concurrently.

      Law or Tort or Law of TortS

      Essential Conditions of Liability in Tort

      To constitute a tort

      1.There should be an act or omission on the part of the defendant. eg. There should be a trespass, negligence etc which is recognized by law. For eg, not helping a starving man cannot be ground for tort, but old age home starving inmates is grounds for negligence

      2.Such act or omission should violate the plaintiff’s legal right (cause legal damage). The legal damage may be injuria sine damno or damnum sine injuria.

      3.Mens rea or mental element is essential in criminal law. However there is no such essential requirement in torts.

      Injuria sine damno (damage without injury)

      Violation of legal right without causing any loss or damage to plaintiff – covers torts which are actionable per se, without requiring proof of damage - Eg: trespass to land

      •Ashby v White: Returning officer refused to take plaintiff’s vote. The candidate plaintiff intended to win won, but the defendant was still made liable for violating plaintiff’s right

      •Bhim Singh v J&K: Petitioner, an MLA was wrongfully detained by polcie, and deprived of constitutional right to attend assembly session and vote therein. Court awarded him damages

      Court may hand either nominal or exemplary damage. In Bhim Singh’s case, court awarded exemplary damage of 50,000 Rs

      Damnum sine injuria (damage without injury)

      Damage

      Enjoying the preview?
      Page 1 of 1