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1 By, Ms. Sharvina Binti Shajahan Faculty of Business

Law of Tort..ppt

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1By,Ms. Sharvina Binti ShajahanFaculty of Business2 A tort is a civil wrong; The law of tort - protects the rights & freedoms of individuals, their property & reputation Concerned with imposition of legal liailities & the conse!uent remedies in respect of civil wrongs committed against recogni"es entities; The word # tort$ - #wrong$ - mean a wrong recognized by law Tort as a wrong the victim of which is entitled to redress % specific civil wrong or in&ury' (aw of torts has two function)-to determine when a person has to pay compensation for harm wrongly caused'-to determine what conduct may e stopped or regulated y the court$s order'*DifferencesCrimes TortsA wrong against the state A wrong against an individualCase will usually e started y the state Case will e started y the individual affected +the claimant,-efendant will e prosecuted in the criminal courtsThe defendant faces .criminal charges/-efendant will e sued in the civil courtsA civil action will e rought against the defendant0f guilty the defendant will e prosecuted%punished0f liale the defendant will have to pay damages%compensation to the claimant1ain purpose of the criminal law is to maintain law & order and to protect the pulicThe main purpose of the law of torts is to provide the individual who has a suffered from an infringement of a right%duty,with a remedy to enforce their rights2ranch of the pulic law +criminal law, 2ranch of the private +civil, law;(aw of torts largely developed through common law%case law3tandard of proof- .eyond reasonale dout/2urden of proof- rests with the prosecution3tandard of proof- .alance of proailities/2urden of proof-rests on the claimant45inds of interest that law of torts protect against)a' person - assault, attery, personal in&ury' property - trespass, nuisance, interference with goodsc' financial - economic lossd' reputation - defamationA tort arises not simply out of the infliction of in&ury to the interest stated aove ut in the infliction of a legally recogni"ed in&ury(iaility in tortmay arise)1' 6rimary - where a person is liale for his own act or omission in reach of a legal duty2' 7icarious- 8here a person is liale for the act or omission of another with whom he stand in some special relationship'9There are different types of torts recognised y the :nglish law and each tort sets out a certain e;pected standard of ehaviour'8e will e looThe Tort of Negligence?What is Negligence?-ictionary -efinition) .lac< of proper care and attention/;(egal -efinition) .the reach of a legal duty of care, which results in damage to the claimant undesired y the defendant/@ 2reach of a legal duty to ta