Professional Documents
Culture Documents
Introductory Lecture
Dr. Sonny Zulhuda
Outline
Definition
Elements of Tort
Legal Wrong
Legal Damage
Legal Remedy
Introduction
The objective of law of tort is to ensure those who suffer wrongs can be
compensated and future incidents can be prevented through civil
legal mechanism, i.e. civil law.
It does not include non-civil law such as administrative law and criminal
law.
Introduction
Definition
Literally: wrong
Technically:
A wrongful act or omission by a person, not authorized by law
Such act/omission encroaches to others interest which is
protected by law i.e. legal injury
Such encroachment may/may not result in actual or physical
damage
The person wronged is entitled to a legal remedy
Elements of the
Wrongdoing
Elements
Important maxims:
Ubi jus ibi remedium where there is right
there is remedy
Injuria sine damno; wrong without damage
see: Ashby v White (1703)
ALLOCATION of
LOSSES
PREVENTION
of LOSSES
Person
Property
Financial
Reputation
hifdz
hifdz
hifdz
hifdz
hifdz
ad-din
an-nafs
al-aql
an-nasl
al-mal
Modes
Negligence
Intentional
Strict liability
Statutory liability
Yes, eg.
Trespass
Defamation
No, eg.
Tort of Negligence
Tort under the Rule of
Rylands v Fletcher
(i.e. Strict liability)
Parties to tort
Between
Spouses?
Section 4A of the Married
Women (Amendment) Act
1994 on the Capacity of
husband and wife to sue each
other for personal injuries.
Minors?
Minors?
In Malaysia: below 18 yrs
(sec 2, the Age of Majority
Act 1971)
Minors liability in tort is
like Adults liability but
must sue or be sued by the
guardian ad litem.
Different situation for
minors liability in contract
TORTS LAW
CONTRACT
LAW
CRIMINAL
LAW
Objectives?
Disputing
Parties?
Courts and
Procedure?
Sanctions?
Types of
Damages?
Sources of
Law?
D
N
A
E
R
A
P
COM TRAST!
CON
Syariah Perspectives
Torts Law in Syariah perspective:
Explore from the Quran and Hadith
of Prophet!