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SHORT NOTE QUESTIONS [Jan 2010] – Write a short note on: Distinguish between Tort and Crime. A court has to decide whether a trespassers intrusion has violated a legally protected possessory interest of a plaintiff[ii]. Civil Law spells out the duties that exist between persons or between citizens and their government. Most of the landmark judgements of tort in India is based on the judgements of House of Lords/ courts in England. Crimin al … Criminal Law looks at crimes against the public. it is not meant for public or wholesale An Introduction to Tort Law; [June 2010] – ‘X’, a banker refuses to honour customer’s cheque having sufficient funds in his hands belonging to the customer. Private Defence. The quantum of damages is decided on various factors leading to damages which may vary and need strict proof. If the person is guilty of committing the offense with criminal intension then he is liable for punishment. Defining Tort Law A. law of torts these notes are prepared radhika seth, law centre this is meant only for personal use of students. An Economic Theory of Tort Law I. Thus, we will address them as part of our economic analysis of criminal … 2. Among the general defences in tort, private defence is the most common. Historically tort had its roots in criminal procedure. When a defendant tries to protect his body or property or any other person’s property, harms another person by using reasonable force, under an imminent-danger and where there is no time to report instantly to the authority, it is Private Defence. a. 2) Criminal Liability - Criminal liability is the liability to be punished in a criminal proceeding. Even today there is a punitive element in some aspects of the rules on damages. in criminal liability, punishment is awarded to a wrongdoer. The purpose of this law of tort law to enforce the rights and duties. The Indian law of tort got its shape after the principle of law of tort developed in the UK. Deceit – a tort arising from an untrue or false statement of facts which are made by a person, recklessly or knowingly, with an intention that it shall be acted upon by the other person, who would suffer damages as a result. A civil wrong is one which gives rise to civil proceedings. The distinction between civil and criminal wrongs depends on the nature of the remedy provided by law. The tests of remoteness in contract and tort are not the same in all respects. [Jan 2010] – Malice. The law relating to damages is not very well defined but by and large any tortuous civil or criminal liability amount to damages is the golden rule. The patient may sue the medical practitioner in tort for trespass to the person in case something goes amiss. Important articles and study material on Law of torts – Click on the link to Read Module: 1. Answers have been amended from The decline of the Big House in Ireland or The rise of the cow and the Tenant F Pre-Reformation Rel - Lecture notes 2 Occupiers’ Liability Handout Defamation final essay 2. However tort is a species if civil injury or wrong. A doctor who treats without valid consent will be liable under the tort and criminal laws. Many intentional torts are also crimes. D. Criminal versus Civil Law 1. Intentional versus unintentional torts An intentional tort is one in which the defendant intended to cause harm to the plaintiff by an act or failure to act. One Example would be whether there was a valid contract between two parties. A person’s mere presence on a property without an act will not be subject to tort … In other words, it is the practice or action of deceiving someone by misrepresenting the truth. The word tort is based on the idea that everyone in society is having certain rights. The number of cases of tort or tort litigation is less as compared to the cases of tort filed in Britain and the United States. LAND LAW Essays - Grade: A* T2 Causation Tort Law T3 Duty of care - Tutorial work on Topic 3 of the Tort Law module. The law presumes the doctor to be in a dominating position, hence the consent should be obtained after providing all the necessary information. There must be an affirmative act, or a misfeasance causing intrusion in order to constitute an act of trespass. [Dec 2012] Define torts, Distinguish torts from contractual and criminal liability.