Category: Tort

THE MENTAL ELEMENT IN TORTIOUS LIABILITY General principle: Tortious liability is fundamentally fault-based. Mental condition determines liability thresholds, categories of action, and measure of damages. + Part 1 1. CATEGORIZATION BASED ON MENTAL ELEMENT Three tiers of tortious liability classified by the degree and relevance of the wrongdoer’s subjective mental state. + Intent Required A.…

LEGAL REMEDIES IN TORT LAW The substantive doctrine of redress for civil wrongs based on the maxim Ubi jus ibi remedium (Where there is a right, there is a remedy). Divided into formal judicial decrees and lawful extra-judicial self-help. + Part 1 1. JUDICIAL REMEDIES (COURT ORDERS) Formal adjudicative redress granted by civil courts: Declaratory…

When a plaintiff establishes the essential elements of a tort, the defendant can escape or reduce liability by pleading specific justifications. Below is the definitive breakdown of the seven general defences and how courts have applied them. 1. Volenti Non Fit Injuria (Consent) What it is: A complete defence where the plaintiff voluntarily agrees to…

How Torts Arise: Classifying Wrongful Acts and Legal Damages The crucial test for establishing tortious liability is determining whether an act had a prejudicial effect that violated another person’s mandatory legal right. These wrongful acts generally fall into one of three distinct categories. Type of Act Legal Definition Key Characteristics & Examples Malfeasance The commission…

Not every harm suffered in daily life translates to a valid legal claim. Establishing tortious liability requires proving that a specific, legally recognized duty was breached, distinguishing it from mere moral failings or other distinct civil wrongs. The Anatomy of Tortious Liability The core principle is that the law must recognize a specific duty, and…

Legal Maxim Direct Meaning Case Law Example & Application Ubi jus ibi remedium Where there is a right, there is a remedy. Ashby v White: Established that if a person has a legal right, the law must provide a means to vindicate and maintain it, even without actual loss. Injuria sine damnum Injury (infringement of…

Feature Tort (Civil Wrong) Crime (Public Wrong) Nature of the Wrong Harms an individual. It is a private wrong involving the breach of an individual’s private legal rights. Harms society as a whole and affects collective values. It is an act against the State. Rights Violated Infringement of a private legal right vested in a…