ST AUGUSTINE UNIVERSITY OF TANZANIA

SCHOOL OF LAW

NAME : KAPAGA JACKSON, G

TASK : INDIVIDUAL ASSIGNMENT

REG NUMBER : LLB 777640

SUBMITTED TO : SIR MOSIMO

COURSE CODE : SLW 203

COURSE NAME : LAW OF TORT I

LAW OF TORTS.

Whats is a law of Torts? , is the an act or omission other than mere breach of contract, which
gives rise to injury or harm to another, and amounts to a civil wrong for which courts impose
liability, in other words, a wrong has been committed and the remedy is money damages to the
person wronged1.

Is it law of torts, or law of tort?

There are two competing theory (salmond School of law and Winfield school of law), as
question arise as to, Whether there is law of torts or law of tort: one providing for a general
principle of liability while another provide definite number of torts, such as trespass, negligence,
nuisance, and defamation and plentiful has no remedy unless he brings his case under one of the
nominate torts.2

It is law of tort?

Theory support the content is (winfield school of thought) Winfield is a chief supporter of this
theory, who says all tort done to injury person are torts, unless there is some justification
recognized by law. According to him he said that “court is a full subject in making new torts in
accordance to the existing torts but not limited to those existing torts” because law of torts
develop as a society develop day to day3. This theory provide for the creation of new torts. For
example the tort of inducement for a wife to leave her husband, this w\as provided in the case of
WINSMORE V. GREENBANK4, the tort of strict liability also its origin in the case of
RAYLANDS V. FLETCHER5. From that view of point we identify that court is a full subject
now days which may create a new tort as it was emphasized in the case of M.C HEHTA V.
UNION OF INDIA, 6 were judges provided that we are not limited to the English common law
torts but we may develop a new torts from our situation out of the existing common law torts.

1
Fundamentals in torts, courses lunlearning. Com,
2
See fridman. GHL fridman on torts (1990) water law publishers.
3
William G, (1939) foundation of tortuous liability , Cambridge law journal,
4
(1745) Willes 577(581).
5
(1868) LR 3 330
6
AIR 1987 SC 1086
It is a law of torts?

This question is discussed fundamental principle beyond the establishment of tortuous liability,
according to (salmond school of thoughts),7 this school argues; “just as a criminal law consists of
a body of rules establishing specific offences, therefore law of torts consists of rules establishing
specific injuries neither in one case no in the other case is there any general principle of
liability”.

Conclusively, critics to the Winfield theory are there is no declaration in any case mentioned
above, where judges said “now I create a new tort” indeed they were establish, change, extend or
develop an existing tort. Although in Tanzania this position have been shown in the case of Mrs.
Georgia Mtikila V. The Trustee of Dar es salam nursery school and &8 where courts said, this
court is aligning in the development of law of tort but did not say I hereinafter develop a new
tort.

7
Bistasarojlaw.blogspot.com.
8
Publishindg January (2013).
 BIBLIOGRAPHY.

BOOKS.

fridman. GHL fridman on torts (1990) water law publishers.

William G, (1939) foundation of tortuous liability , Cambridge law journal.

CASE LAWS.

Winsmore V. Greenbank (1745) Willes 577(581).

Raylands V. Fletcher (1868) LR 3 330

ChsSSehta V. Union of India, AIR 1987 SC 1086.

Mrs. Georgia Mtikila V. The Trustee of Dar es salam nursery school and & Publishindg January
(2013).

WEBSITE.

Bistasarojlaw.blogspot.com

Fundamentals in torts, courses lunlearning. Com