TORTS

CHAPTER 1- INTRODUCTION
Meaning of tort and tortious act
Tort- a common law expression which mean a twisted conduct or conduct that
departs from the existing norm
Tortious Act- is a wrongful act. It is defined as the commission or omission of
an act by one, without a right, whereby another receives some injury, directly
or indirectly, in person, property, or reputation.
Essence of Tort
Defendants potential for civil liability- civil liability for the harmful
wrongdoing and correspondingly the victims potential for
compensation or other relief.
Existence of physical harms, not essential- Some torts cause no
physical harms at all but are nonetheless actionable. Eg., libel,
misrepresentation
Variations of torts- courts are free to recognize variations and even to
recognize new torts at any time.
Definitions of Torts
A wrong independent of contract
It is a violation of a private legal right other than a mere breach of
contract, express or implied for which a civil action may be maintained.
(Bankers Fidelity Life Ins. Co. v. Harrison).

A legal concept possessing the basic elements of a wrong with

resultant injury and consequential damage which is cognizable in a
court of law.

Consists in a violation of a duty imposed by general law or otherwise

upon all persons occupying the relation to each other which is involved
in a given transactions.

An act or omission violative of a private right existing in one or more

persons, whether natural or artificial.

Is the unlawful violation of a private legal right, other than a mere

breach of contract, express or implied; or it may be the violation of a
public duty, by reason of which some special damage some special
damage accrues to the individual.

Consists in the violation of a right given or the omission of a duty

imposed by law.

Note: Tort law is not concern with the criminal liability of the offender.
KINDS of WRONGS

Civil- when it involves a violation of a private legal right

Criminal- when it is regarded as an offense against the public and is
penalized by law as crime or felony

Intentional- if the defendant is consciously aware that his conduct is

wrongful
Negligent- if the defendant does not intend an invasion of plaintiffs
right but is aware that by his behavior, he is taking unreasonable risks.
Note: As a rule, a wrong committed intentionally gives rise to criminal
liability.

Reckless, gross, or wanton wrong- (placed between intentional and

negligent wrongs) It is a species of negligence which imports
knowledge and consciousness of the high risk of harm resulting from
his conduct as to be equivalent to an intentional wrong.

FUNCTIONS OR GOALS OF TORT LAW

Morality or corrective justice

Social utility or policy
to provide a system of rules that, overall, works toward the good of
society
Legal process
Potential conflicts
Distribution of loss
Redress of social grievances-mechanism that permits ordinary people
to put authority on trial
Summary: a mixed system
2 GENERAL CLASSES OF TORTs
Property torts - embrace all injuries and damages to property, whether
realty or personalty
Personal torts include all injuries to the person, whether to the body,
reputation, or feelings. A tort which is not injury to property is a
personal tort

Note: Personal injury may denote an injury affecting the reputation,

character, conduct, manner, and habits of a person.
TORT AND CONTRACT
Fields of tort and contract distinct contract duties are created by the
promises of the parties, while tort duties are imposed as rules of law.

Basis of liability- A person is often liable for a contract breach even if

he is not at fault and made every effort to perform the contract as
promise. But one is not ordinarily liable under tort law even for conduct
that causes horrible injuries unless he is at fault in some way.

Test to be applied for existence of tort is the nature of the right that
has been evaded. A contract is not essential to the existence of a tort
neither does the existence of contract preclude the existence of tort
liability.

Note: A tort liability for tort may arise even under a contract, where tort is
that which breaches the contract.

Causes of action need not be completely disconnected from contract

Breach of contract treated as tort - tort liability can exist even if there
are already contractual relations. The same act or omission that break
the contract may also be tort.
More than mere breach of contract to establish the commission of
tort by breach of contract, the party sought to be charged must be
shown, to have been guilty of some fraud, willful and malicious
interference with anothers contract rights.

Failure or refusal to pay debts- the debtor is not liable to the

creditor in action in tort for failure or refusal to pay debt, since
liability arises out of contract and is limited to the amount of the
debt (val. Nat. bank v. witter)

Damages not within contemplation of parties

Negligent violation of contract It is the negligent act rather than

the violation of contract which furnishes the basis for liability.

Negligent performance or non-performance of contract-v

Refusal to contract as constituting a tort - a refusal to contract may

constitute a tort where there is a duty imposed by law, on one so
refusing, to enter into contracts of the character sought, as an incident
to his trade or profession, but otherwise a refusal to contract is not a
tort.
Claim grounded on duress - (not tort) where a claim is grounded on
duress, one who sustains damage as a result of being subjected to
duress may sue as plaintiff in a tort action, thus obviating the need for
privity of contract.

DUAL LIABLITY IN TORT AND CONTRACT