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Lecture 6 (DR LONE).pdf - Lecture 6 LW2903 Tort Law in...

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1 Lecture 6 LW2903 Tort Law in General: Intentional/Unintentional Torts, Defences and Remedies LW2903 @ Dr Fozia Lone
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Introduction to Tort law Winfield’s definition of tort: Tortious Liability arises from the breach of a duty primarily fixed by law: this duty is towards persons generally and its breach is redressed by an action for unliquidated damages . The Black’s Law Dictionary defines tort as: A civil wrong for which a remedy may be obtained, usually in the form of damages A branch of law that deals with civil wrongs; Tort is not a criminal wrong and all civil wrongs are not torts (e.g. breach of contract) 2
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Functions of the Tort Law (1) » 1. Compensation based on fault » The purpose of tort law is to ensure that the plaintiff is compensated for harm that was wrongfully sustained by him due to negligent or intentionally behaviour of the defendant » This duty is ‘primarily fixed by law’ and a person is liable under tort only when he breached such a legal duty. » Tort compensatory mechanism forms a part of other legislative compensation mechanisms- e.g. Employers Compensation Ordnance (Cap 282); Traffic Accident Victims Compensation Scheme (Cap 229) 3
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Functions of the Tort Law (2) 2. Corrective justice and distributing losses Tortious liability is imposed only for the purpose of rectifying the wrong that one person has done to another. Losses are also distributed insurance system LW2903 @ Dr Fozia Lone 4
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Functions of the Tort Law (3) iii. Deterrence which obliges people to be more careful and take responsibility Control activities of the defendant and protect the plaintiff from the defendant’s tortious conduct (act and omission)
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