Law of Tort

This is a body of rights, obligations and remedies
that is applied by courts in civil proceedings to provide relieve for persons who have suffered harm from the wrongful acts of others. The person who sustains injury or suffers pecuniary damage as a result of tortuous conduct is known as the plaintiff, and the person who is responsible for inflicting the injury and incurs liability for the damage is known as the defendant.
Three elements must be establish in every tort action first, the plaintiff must established that the defendant was under a legal duty to act in a particular fashion. Second, the plaintiff must demonstrate that the defendant breached this duty by failing to conform his or her behaviour accordingly. Third, the plaintiff must prove that he suffered injury or loss as a direct result of the defendant’s breach.
The law of tort is derived from a combination of common-law principles and legislative enactments. Unlike actions for breach of contract, tort actions are not dependent upon an agreement between parties to a law suit. Unlike criminal prosecution which are brought by the government, tort action are brought by private individuals. Remedies for tortuous acts include, money damages and injunctions which are court orders compelling or forbidding particular conduct.
The word tort comes from latin term torguere, which means “twisted or wrong” the tort law touches nearly every aspect of man’s life. It provides remedies for business that are harmed by the unfair and deceptive trade practices of a competitor, in the workplace, tort law protects employees from the intentional or negligent – infliction of emotional distress.
Tort law also helps regulate the environment, providing remedies against both individuals as businesses that pollute the air, land and water to such an event that it amounts to a nuisance.
The tort law serves four objectives. First, it seeks to compensate victims for injuries suffered by the culpable action or inaction of others. Second, it seeks to shift the cost of such injuries to person or persons who are legally responsible for inflicting them. Third, it seeks to discourage injurious, careless and risky behaviour in the future. Fourth, it seeks to vindicate legal rights and interests that have been compromised, diminished, or emasculated.
Most injuries that result from tortious behavour are the product of negligence, not intentional wrong doing. Negligence is the law used by tort law to characterize behaviour that creates unreasonable risks of harm to persons and properly. A person’s acts negligently when his behaviour departs from the conduct ordinarily expected of a reasonable prudent person under the circumstances. In general the law requires jurors to use their common sense and life experience in determining the proper degree of care and vigilance with which people must lead their lives to avoid imperiling the safety of others.
Note that not every accident producing injury gives rise to liability of negligence. Some accident cannot be avoided even with the exercise of reasonable care. An accident that occurs as a result of a defendant’s sudden and unexpected physical ailment, such as a seizure or blackout, generally relieves the defendant of liability for harm caused during his period of unconsciousness. This can be said to be an act of God. But essentially, every claim that arises in civil court with exception of contractual disputes falls under tort law. And the tort law will not compensate persons who knowingly allow someone to injure them.

Nkechi Bright Ewere