UNIVERSITY OF GUYANA
FACULTY OF SOCIAL SCIENCES
DEPARTMENT OF LAW
LAW 13 A – LAW OF TORTS I
Worksheet # 1 – HISTORY AND NATURE OF TORT
Definition of Tort
Winfield and Jolowicz –The Law of Torts:
“Tortious liability arises from the breach of a duty primarily fixed by law. This duty is
towards persons generally and its breach is redressable by an action for unliquidated
damages.”
Gilbert Kodilyne - Commonwealth Caribbean Tort Law“A tort may be defined broadly as a civil wrong involving a breach of duty fixed by the
law, such duty owed of persons generally and its breach being redressed primarily by
an action for damages.”
Purpose of the Law of Tort
or
Tort protects the physical integrity of a person, property interest, reputation
economic interest.
 Personal interests- protection from physical harm to the person-Trespass to
the Person
 Property interests- protection from interference with property rightsNuisance
 Protection of one’s reputation- Defamation (Libel, Slander)
 Protection from interference with the judicial process- Malicious
Prosecution
 Economic interests – Economic Torts eg. negligent misstatements, Passing
Off, Protection of Image Rights.
-
New controversial areas such as privacy
Some torts require proof of damages - others actionable per se - without
proof of
Damages.
NB- Relationship between tort and other areas of liability such as crime and
contract:
Similarities and differences
 Criminal Law - aims to punish and deter - must be proven beyond reasonable
doubt- duties and obligations determined by the law
 Tort - aims to compensate - proof on balance of probabilities - duties and
obligations determined by the law
 Contract Law - aims to compensate - different basis to tort - civil balance of
probabilities standard - duties and obligations mainly determined by parties.
Cases may often involve liability in more than one area
Judges influenced by different policy considerations
Concept of fault and blame play role in many torts
Concerns about extent of liability of public bodies
NB Relationship between civil and criminal law
An act can result in an action in civil law as well as a prosecution in criminal law. NB
The act of murder, a crime can also be a civil wrong/tort (assault and battery). The act
of causing death by dangerous driving, a crime, is also the tort of negligence and
similarly the acts of dangerous driving or driving without due care and attention may
also amount to the tort of negligence.
Different torts require different states of mind -intention, negligence, strict liability.
There is a mental element in Tort, and it is usually analyzed in three categories:
i.
Malice
ii.
Intention (including recklessness)
iii.
Negligence
Sources
 Case Law = main source - constantly adapting law - periods of expansion and
restriction.
 Statutes
 European Community Law - has influenced development of tort in some areas particularly liability for defective goods.
 Human Rights Conventions - give effect to certain Convention rights - court must
consider.