What is a Tort? The term ‘Tort’ has been derived from the Latin term ‘Tortum’ which means “To Twist”. Following from this derivation, a tort can be said to be any ‘Twisted Act’. It is also referred to as a …
Introduction The Gloucester Grammar School case is a very important case and is a landmark judgement that is referred to in many cases that deal with the Law of Torts. The case elaborates and explains the legal maxim “Damnum sine …
Introduction Crime and tort come from a common root. Ancient lawmakers did not necessarily see a difference between tort and crime, and a victim during those times could pursue justice through a forerunner of either criminal law or tort law. …
Introduction “I know that you believe you understand what you think I said, but I am not sure you realise that what you heard is not what I meant.”- Anonymous No matter how much confusing this quote may sound, back …
Introduction The French term ‘tort’ is the equivalent of the English word ‘wrong’ as well as the Roman term ‘delict.’ Tort comes from the Latin term ‘tortum,’ which implies twisted or crooked. Tortuous liability emerges from the breach of a …
Principles of strict liability and absolute liability are a branch of the tortious principle of no-fault liability. The principle of no-fault liability establishes the liability of a person who caused harm even if he was not negligent or did not …
Introduction In a general sense, a person is liable only for his own acts and does not incur any liability for the acts of the others, but in the cases of Vicarious Liability, liability may arise of one person for …
Introduction Liability forms the focal point of Civil Law. According to Salmond, ‘liability is the bond of necessity that exists between the wrongdoer and the remedy of the wrong’. Liability is often bifurcated into various kinds. In civil proceedings, liability can …
Introduction The argument or debate encircling whether it is the law of ‘tort’ or the law of ‘torts’ seems to be unsettled and never ending. This may seem like a pointless debate over the use of the letter ‘s’, but …
Introduction Normally, when a person suffers an injury at the expense of someone else’s lack of care or breach of duty, the person who displays such breach of duty is liable to pay damages to the victim. Volenti Non Fit …