Page 80 - PRINCIPLE OF LAW- FINAL (eISBN) pdf
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Politeknik Kota Bharu





                  3.0      LAW OF TORT


                  3.1      PRINCIPLES OF TORT

                  3.1.1  DEFINITION

                           •  French: Tort = wrong


                           •  Latin:  Tort = Wrong/Twist

                           •  A wrongful act other than a breach of contract for which relief

                             may be obtained in the form of damages or an injunction.

                           •  Wrongdoings that are done by one party against another. As a

                             result of  the wrongdoing, the injured  person may take civil

                             action against the other party.

                           •  Torts are civil wrongs or injury (known as law of obligations)

                             for which law will provide remedy.


                           •   This  remedy  will  be  enforceable  against  one  party  to  the

                             benefit of the other.

                           •  It involves legal obligations from one person to another.

                           •  In civil law, torts are grounds for lawsuits to compensate a

                             grieving party for any damages or injuries suffered.

                           •  Torts are a civil action involving private parties, punishment

                             does not include a fine or incarceration. The punishment for

                             tortious  acts  usually  involves  restoring  the  injured  party


                             monetarily. Sometimes a court order may force the defendant

                             to either do or not do something.
















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