Law of Torts for students of law year 1.pptx

its about law of torts

1. Law of Torts: Foundational Concepts Presented to: Sir Asif

2. Kinds of Torts: Law of Torts is divided into the following three kinds: Nonfeasance Misfeasance Malfeasance The classification is based upon the intent of the tort feasor .

3. Nonfeasance The definition of “Nonfeasance" given in Elliot and Quinn's book on the Law of Tort ‘is the failure to act when required to do so, causing harm to a third person’. As far as the law is concerned, nonfeasance is the act of someone failing to act with reasonable care, which causes harm or injury to another person. This can include instances where an individual fails to act in a way that is required by law, such as when they should have intervened to save lives or when they should have offered essential support or services.

4. Case Law example of Nonfeasance Case: R. v. Instan (1893) Defendant: Instan Situation: Instan lived with her seriously ill aunt, Miss Fanny Instan, who was unable to care for herself. Duty: Instan had a legal duty to care for her aunt. Action: Despite being aware of her aunt's condition and the necessity for care, Instan failed to provide necessary assistance. Outcome: Miss Fanny Instan died from malnutrition and neglect. Legal Finding: Instan was found guilty of manslaughter through nonfeasance. Principle: Individuals can be held liable for harm caused by their failure to fulfill a duty of care when they have a legal obligation to do so.

5. Misfeasance " Misfeasance" usually means carrying out a legal act improperly and causing harm or injury to another person. Even though the activity may have been lawful, it entails a wrongdoing or negligence that results in harm. To put it simply, misfeasance is when someone fulfills an obligation or responsibility but does so carelessly or improperly, causing injury or loss to another person or thing.

6. Case Law example of Misfeasance Case: Dorset Yacht Co Ltd v Home Office (1970) Defendant: Home Office Action: The Home Office negligently issued a release permit for a detainee. Consequence: The released detainee subsequently committed theft from the plaintiff's yacht. Legal Finding: The court found the Home Office liable for misfeasance. Reasoning: Although the issuance of the permit was lawful, the negligent manner in which it was carried out resulted in harm to the plaintiff. Principle: This case illustrates that even lawful actions can lead to liability if they are performed negligently or improperly, causing harm to others.

7. Malfeasance "Malfeasance" typically refers to the commission of an unlawful or wrongful act, especially by a public official or someone who holds a position of trust or authority. It involves the intentional doing of something that is illegal or contrary to law, often resulting in harm or injury to another party. In essence, malfeasance involves the deliberate misconduct or abuse of power by an individual or entity entrusted with responsibilities.

8. Case : Wood v. Lady Dufferin Fund (1894) Plaintiff : Dr. Wood Defendant : Lady Dufferin Fund Allegation : Wood claimed that the Lady Dufferin Fund, through its agents, conspired to unfairly dismiss him from his position. Finding : The court determined that the Lady Dufferin Fund was guilty of malfeasance. Reasoning : The fund's agents wrongfully and intentionally acted to dismiss Wood from his employment, breaching their duty and causing harm to him. Significance : This case exemplifies how malfeasance involves deliberate and wrongful actions by an entity or individual, resulting in harm or injury to another party. Case Law example of Malfeasance

9. Tort and contract are not mutually exclusive which means they can occur at the same time . Fundamental components of civil law, contracts and torts, regulate relationships and settle conflicts in comparable ways. While torts deal with harm or injury regardless of previous agreements, contracts create voluntary agreements with well defined rights and obligations. Both seek to preserve social justice and fairness ideals. Contracts uphold the terms of agreements, but torts identify and address civil wrongs. When combined, they help keep civil society in order and settle disputes. Contract and Torts

10. A suit cannot be filed for both contract and tort simultaneously. As both are of same nature it constitutes to double jeopardy which is not allowed by law. When a suit that conforms to both is filed it is under one of the two categories of the civil law.

11. Case Law example of Contract Law with Tort Element Case: Eastbrook v Waffle House, Inc. (1995) Nature: Contract (Primarily), with Tort elements Parties: Plaintiff: Eastbrook (employee); Defendant: Waffle House, Inc. (employer) Issue: Allegation of Waffle House failing to fulfill promises of promotion and relocation to Eastbrook. Legal Basis: Breach of contract, where Eastbrook claims Waffle House violated contractual obligations. Tort Element: Reliance on promises akin to negligent misrepresentation in tort law, suggesting potential overlap between contract and tort principles.

12. Case: Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964) Nature: Tort - Negligent Misrepresentation Parties: Plaintiff: Hedley Byrne & Co Ltd (company); Defendant: Heller & Partners Ltd (bank) Scenario: Hedley Byrne relies on inaccurate information from Heller & Partners regarding another company's creditworthiness. Key Point: Despite the absence of a formal contract, the case establishes a duty of care for accurate information in specific situations. Legal Principle: Sets precedent for negligent misrepresentation in tort law, emphasizing the obligation to provide reliable information even in the absence of a contractual relationship. Case Law example of Tort Law with Contract Element