nature and scope of law of torts
TRANSCRIPT
NATURE AND SCOPE OF LAW OF TORTS
DR. SONNY ZULHUDA
INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA
KEY POINTS
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DEFINITION OF TORTS
ELEMENTS OF TORTS
NATURE AND SCOPE
SOURCES OF LAW
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KEY CONCEPTS OF LAW OF TORTS
Definition
Common law, non-statutory
Civil, non-contractu
al, not criminal
Remedy: Compens
ation
Protected interest
Legal wrongs
Parties: Individuals,
Government, Companies
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• Torts is a group of civil wrongs, corrected through civil actions.
• Torts is based on common law principles, not being written statutes
• Torts is not based on contractual obligations.• Contract may be helpful in determining
the standard required in negligence cases• Torts law protects variety of interests
including physical and mental well-being, personal safety, property as well as one’s reputation.
• Threat to those interests leads to harm• Parties in torts seeking compensation for
themselves, not a punishment for the other.• Remedies include unliquidated damages and
injunctions.
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ELEMENTS OF TORTS
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Wrong
• eg: Negligence
• Trespass to body, land or property
Damage
• Body injury
• Property damage
• Reputation loss
Remedy
• Monetary damages
• Injunction
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Differences between “WRONG” under different branches of law
MATTER TORTS LAW CONTRACT LAW CRIMINAL LAW
Objectives?
Disputing Parties?
Courts and Procedure?
Sanctions? Types of
Damages?
Sources of Law?
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DIFFERENTIATING TORTS FROM OTHER WRONGS
Consider this incident, enlist the various wrongs and their potential remedies!
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DIFFERENTIATING TORTS FROM OTHER WRONGS
Consider this incident, enlist the various wrongs and their potential remedies!
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DIFFERENTIATING TORTS FROM OTHER WRONGS
Consider this incident, enlist the various wrongs and their potential remedies!
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TYPES OF TORTS
Trespass
Nuisance
Defamation Negligence
Strict Liability
Others
•Defamation: Ridiculing statements, published or otherwise• Trespass: Unlawful encroachment
of land and property•Nuisance: Disturbance over
enjoyment of land•Negligence: Breach of duty• Strict liability: escape of harmful
non-natural thing on land.•Others: assault, battery,
conversion, harassment, privacy breach, wrongful imprisonment, etc.
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TYPES OF TORTS
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IS INTENTION REQUIRED TO PROVE TORTS?
•Yes, eg.•Trespass•Defamation
yes no
• No, eg. Tort of NegligenceTort under the Rule of Rylandsv Fletcher (i.e. Strict liability)
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TORTS VS OTHER COMPENSATION SCHEMES
When mishaps happen, what may ensue?
Torts litigation
Out-of-court settlement
Resort to insurance
Workers’ compensation scheme
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APPORTIONMENT OF DAMAGES
Contribution of liability
• Individual: One person commits the wrong
• Joint: Two or more commit the wrong
• Contributing claimant: Claimant’s own wrong led to harm
Level of involvement
• Primary: A person directly involved and committed the wrong by himself
• Vicarious: Not directly involved, but liable due to his/her role in relation to the primary defendant
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Torts Law or Latin Class?
Where there is a right, there is a remedyUbi jus ibi remedium
A damage without a wrongful actDamnum sine injuria
An injury without a damageInjuria sine damno
The thing speaks for itselfRes ipsa loquitur
To a willing person, no injury is doneVolenti non fit injuria
From an immoral consideration an action does not ariseEx turpi causa non
oritur actio
Ignorance of the law is no excuseIgnorantia juris non
excusat
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STAGES OF DEVELOPMENT OF LAW OF TORTS
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Sources of Law of Torts in Malaysia
Judicial Decisions
Statutes (Acts of
Parliament)
English Common Law (CLA
1956)
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Torts Law in Syariah perspective: Explore from the Quran and Hadith of Prophet!
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WHEN TORTS HAPPEN…
• Harm: body injury, emotional injury (psychiatric), financial, reputational
• Who suffers: individual, group of people, company
Harms/Damage: Who suffers what?
• Wrongdoer: alone, joint, several; direct, indirect
• Contribution: Self-inflicted; Self-contributed
• No need of proof of actual damage: Trespass & Libel
Who causes the harm/damage? • Against the law
• Torts vs other wrongs
What wrong was committed?
• Statute: immunity, limitation
• Morality/public policy: Ex ex turpi, necessity
• Others: consent, self-defence, mistake, act of god, inevitable accident
Any justification or defense?
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THE ENDFEEDBACK: [email protected]
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