CHAPTER 3 LAW OF TORT

 CII
Insurance Law
Chapter 3 : Law of

Learning Objective
  • explain the nature of a tort and how torts are classified
  • understand the principles governing the main torts
  • explain the main defences in tort, and
  • describe the main remedies in tort
Introduction
Think!
Here are some duties which apply to all of us. 
Why di they exist?
  • If we drive a car, the law requires that we drive carefully so as not to injury other people or damage their property
  • If we write or publish a newspaper article or a book, we must not make untrue statements about other people which might harm their reputation
  • If we go out for a walk, we must not wander onto private property without permission
These duties are well known and apply, automatically, to all of us.

They exist not because we have agreed to drive carefully, or agreed not to make false statements or promised to keep off private property, but simply because the law imposes them on everyone.

If we break onw of these duties and cause harm to another person, it is likely that they will be able to sue us and claim damages - financial compensation.
The type of breach of duty or wrong which we are describing is known as a tort.

Point to note:
The word tort, in its simplest sense, means 'wrong' and the legal action the victim might bring against us in known as an action in tort.
These points bring us to a well-known definition of a tort
Tortious liability arises from the breach of a duty primarily fixed by the law; such duty is towards persons generally and its breach is redressable by an action for 

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