Lecture Notes: The Nature of Thought and the Law of Tort

Introduction

• Module: The Law of Thought
• Unit: 2, Module 1
• Topic: Nature of Thought
• Overview: Introduction to the concept of tort law.

What is Tort?

• Definition: A body of rules created by common law judges to provide redress for harm suffered by victims.
• Common Law: Judge-made law, developed and passed through judgments.
• Forms of Harm:
  • Physical injury to persons
  • Physical/property damage
  • Injury to reputation (libel, slander)
  • Damage to economic interests

Characteristics of Tort

• Civil Wrong: Arises from a breach of duty set by law, leading to compensation via action for unliquidated damages.
• Aim: Compensate persons harmed by wrongful conduct.
• Actionability:
  • Loss/damage must amount to legal injury to be actionable.
  • Damnum sine injuria: Damage without legal injury.
  • Example: Business competition driving a trader out of business is not actionable.
• Exceptions:
  • Harm too trivial (Maxim: de minimis, non curat lex).
  • Damage too indefinite/incapable of proof.
  • Court balances claimant and defendant's interests (e.g., nuisance law).

Legal Injury and Damage

• Injuria sine damno: Legal injury without resulting damage (e.g., standing on someone's land without permission).
• Evidence Required: Proof of actual damage/injury—personal, property, reputation.

Elements of Tort

• Mental Element:
  • Intentional or negligent wrongful act.
  • Rule in Rylands and Fletcher: Strict liability, liable regardless of intent.

Remedies in Tort

• Defendant Liability: Court determines appropriate remedy.
• Common Remedies:
  • Damages: Monetary compensation.
  • Injunction: Court order on actions defendant can/cannot perform.

Damages

• Principle: Claimant should be placed in the same financial position as pre-incident (Restitutio in integrum).
• General vs. Special Damages:
  • General Damages: Non-quantifiable (e.g., pain and suffering).
  • Special Damages: Precisely quantifiable (e.g., medical bills).
• Types of Damages:
  • Nominal: Tort committed, no loss shown.
  • Aggravated: Compensate for injury to feelings.
  • Exemplary/Punitive: Punish defendant, deter future conduct.
  • Contemptuous: Punish for heinous actions.

Injunctions

• Definition: High Court order to do/refrain from doing an act.
• Types:
  • Mandatory Injunction: Orders a specific act.
  • Prohibitory Injunction: Prevents an act.
• Consequences: Breach can lead to imprisonment for contempt of court.

Conclusion

• Summary: Introduction to tort law, focusing on compensation for wrongful acts and understanding different forms of damages and injunctions.
• Further Learning: More topics to follow in the module.

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