An Overview of the Law of TORT

What is the law of TORT???
It is a civil wrong. The province of law of tort is to determine whether losses are actionable in court. Where actionable, a further function is to determine the remedy which the law provide.

Definition of TORT
Tort means harm or wrong.
Salmond & Heuston on the law of tort defined tort as - consists in some act done by the defendant whereby he has without just excuse caused some form of harm to the plaintiff.

Scope of Law
Tort covers subjects such as:
- TRESPASS TO PERSON
- TRESPASS TO LAND
- TRESPASS TO GOODS
- NEGLIGENCE
- NUISANCE
- OCCUPIERS LIABILITY
- RYLANDS V FLETCHER
- DEFAMATION

For what kind of losses does the law provide?
Physical injury, pain and suffering, nervous shock, economic loss, damage to one's reputation.

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Elements of A Crime

If u commit a criminal act unintentionally, the GENERAL rule is that you cannot be guilty of a crime.




'Actus non facit reum nisi mens sit rea'

This basicly means that a person cannot be convicted with an offence unless his mind is also guilty. (intention to commit the crime)

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Chapter ONE - The Nature of A Crime.

What is a CRIME??

'A crime is an unlawful act or default which is an offence against the public and renders the person guilty of the act liable to legal punishment'. - Halsbury's Law of England


Is every wrong ' a crime'??

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Glossary of Some Legal Terms

You might be confused of some of these legal terms. I must admit, it was a bit confusing when i was first studied law few years back. So, i am here to share some general legal terms with all of you. Sit back and read it out loud ya? :)

ACCUSED - The accused or the defendant is the person who is charged with the offence.

ACTUS REUS - The actus reus is the physical element of the crime, the act which constitutes the crime. e.g : holding up a gun and shooting someone.

ACQUITTAL - This is when defendant is found not guilty.

AUTOMATISM - This is a defnce where the defendant must prove they had no voluntary control over their muscles.

DOLI INCAPAX - 'Incapable of crime', a child under 10 years of age is presumed to be incapable of committing a crime.

INTENTION - The accused can be said to have intended the consequences if he foresaw them as a virtual certainty.

PROOF - The burden of proof is on the prosecution to prove beyond the reasonable doubt the guilty of the accused.

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