Page 81 - PRINCIPLE OF LAW- FINAL (eISBN) pdf

Politeknik Kota Bharu

3.1.2 PRINCIPLES OF TORT

• There are there (3) principles of tort:

i. The defendant owes the plaintiff a duty of care or act or

behave in a certain way.

ii. Plaintiff must prove that the defendant breached that duty

by his/her conduct.

iii. The defendant’s conduct caused the injury or damage or

loss to the plaintiff.

3.1.3 OBJECTIVES OF TORT LAW

i. Compensation as an end in itself – injury physical or an

insult to their property or person because helping the

victim is a good thing.

ii. Corrective justice – compensation is coming from the

person that should be paying it (fairness).

iii. Social control (promote good social behavior) - tort rules

may affect people’s conduct – punishment my

deter/prevent certain actions, an incentive.

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