Law of Torts

INTRODUCTION The word “Tort” is a French word. It is derived from the Latin word “Tortum” which means “to twist” or “wrong”. A tort is a civil wrong for which a remedy is available to the wronged person in the civil courts. For example, a duty of care to other road users is imposed by law … Read more

INTRODUCTION It is a general rule that all persons who suffer from a tort can sue and all persons who commit a tort can be sued in tort. This rule is based on equality before the law guaranteed by Article 25 of the Constitution of Pakistan 1973. Certain persons or bodies cannot sue, whilst others … Read more

INTRODUCTION Damages are Remedies are some important concepts in Tort Law. two types of remedies are available to the victim of a tort. They are classified into the following two categories (a) Judicial Remedies and (b) Extra-Judicial remedies. Damagés and injunctions are merely two different forms of remedies against the same wrong. The third remedy … Read more

INTRODUCTION Defenses in torts are an important concept. There are some conditions that, when present, will prevent an act from being wrongful which in their absence would be wrong. In an action in tort, when the plaintiff proves the essential elements of the tort, the defendant may avoid general defenses or exceptions to liability in … Read more

INTRODUCTION Defamation means to hurt someone’s reputation which every person has an inborn right to enjoy and to make sure that this right is not violated. If therefore, a person makes a statement either orally or in writing and hurts another person’s reputation, he will be considered to have committed a tort and liable for … Read more

INTRODUCTION Nuisance is the violation of a man’s inborn right that his senses may not be injured. Every man has this right to enjoy the pleasure of life. If this right is infringed or obstructed, it will be called a nuisance.   ORIGIN OF NUISANCE The word “Nuisance” is derived from the French word “nuire” … Read more

INTRODUCTION Negligence is one of the main aspects of the tort law. Here, a person can claim damages or even injunctive relief. In these cases, the legal rights and the property of people are protected as also financial interests as well. In order to succeed in an action for negligence, it is necessary for a … Read more

INTRODUCTION Vicarious liability is when one person or entity is held legally responsible for the actions or omissions of another person or entity. It does not indicate a distinct tort, but rather a process by which one person can be held liable for a recognized tort committed by another. It mainly arises in employer/employee and … Read more

INTRODUCTION A general and common concept is that a person can enjoy full control of his own property. He can exercise the full rights of ownership within the limits of his property. Sometimes, it also happens that a person can also enjoy the property of another person with full control. It is called Easement. The … Read more

INTRODUCTION The easement is a right that the owner or occupier of certain land possesses as such for the beneficial enjoyment of that land, to do and continue to do something or to prevent and continue to prevent something being done in or upon or in respect of certain other lands not his own. There … Read more

INTRODUCTION The Extinction of an easement is the legal termination or end of an easement, which is a right to use or access someone else’s property for a specific purpose and for a specific time. When an easement is extinguished, it means that the rights associated with it are permanently eliminated. This can occur through … Read more