Tort, the civil wrong that is very easy to commit, and mostly unknowingly because it arise from our daily activities;

"the next door neighbour played loud music all night, so I couldn't sleep, I lost concentration at work the following day, my boss fired me because of this"

"I developed asthma because I have inhaled too much of soot on the atmosphere in Rivers State"

"A girl died of snake bite because of poor plumbing"

"A building collapsed and killed many because the Architect laid a poor foundation"

"I found her fingernails in the soup, because of this I fell ill for days, I spent a lot for medicals"

"I developed cancer because of the toxic gas which I was exposed to in the company I worked"

"I developed high BP because of a long usage of piritin as prescribed by my pharmacy"

the above are scenario where Tort was comitted. (if you want examples which might relate to your situation, consult me personally with a professional fee).

If you can establish and prove tort, a compensation will offer a substantial consolation for that injury or grief which you may have suffered as a consequence of someone else's negligence/nuisance. It may fetch you a fortune. It is however unfortunately that we tolerate everything in this part of the world.

khilardz:
Tort, the civil wrong that is very easy to commit, and mostly unknowingly because it arise from our daily activities;

"the next door neighbour played loud music all night, so I couldn't sleep, I lost concentration at work the following day, my boss fired me because of this"

"I developed asthma because I have inhaled too much of soot on the atmosphere in Rivers State"

"A girl died of snake bite because of poor plumbing"

"A building collapsed and killed many because the Architect laid a poor foundation"

"I found her fingernails in the soup, because of this I fell ill for days, I spent a lot for medicals"

"I developed cancer because of the toxic gas which I was exposed to in the company I worked"

"I developed high BP because of a long usage of piritin as prescribed by my pharmacy"

the above are scenario where Tort was comitted. (if you want examples which might relate to your situation, consult me personally with a professional fee).

If you can establish and prove tort, a compensation will offer a substantial consolation for that injury or grief which you may have suffered as a consequence of someone else's negligence/nuisance. It may fetch you a fortune. It is however unfortunately that we tolerate everything in this part of the world.

Yes, Law of Tort is a 3unit course offered in the University by Estate management students.

Oga, the question here is what is tort? Giving examples does not define the word.

Bankowner:
Oga, the question here is what is tort? Giving examples does not define the word.

If you can't get it, forget abarrit

Mehn,first came across this word in Grisham's The litigator.main character by name David.had to browse the meaning.

If you can use this to educate members online like a forum such as this it will be very good. Just something short as this and explain it, good to go.

khilardz:

If you can't get it, forget abarrit

dude he is right, u didn't explain anything or maybe that wasn't your intention. Examples u gave aren't enough

Typical Nigerian teacher. Teach it like this in class then ask Students to define, explain, expatiate, give history of tort during examinations.

kovic7:
Typical Nigerian teacher. Teach it like this in class then ask Students to define, explain, expatiate, give history of tort during examinations.

No mind am.

Upon that, he still wan to create and sell tort.

As in, Christmas like this, you wan dey sell problem.

In Fela's voice, teacher don't teach me nonsense.

Oga define your subject biko

French word for wrong is “tort”

You are just being lazy, I can't be a student under your kind.

tort

/tɔːt/

noun

LAW

a wrongful act or an infringement of a right (other than under contract) leading to legal liability.

"public nuisance is a crime as well as a tort"

khilardz:

If you can't get it, forget abarrit

John Grisham wrote a novel titled The King of Torts.

A tort is a civil wrong, arising from the breach of duty by an individual which affects another person's right.

It is a civil wrong whose remedy is a common law action for damages.

Basically, tort arises where a person infringes on another person's rights due to the former's right to exercise his own rights.

Tort can be broadly categorised into:

Tort against personal interest. Eg, Assault, Battery, Nuisance, negligence and so on

Against property interest. Eg, Conversion, Detinue, Trespass to chattels and so on

Against reputation. Eg, Defamation

Against economic interest. Eg, Passing off,deceit and so on

Interference with judicial process. Eg, Malicious prosecution, unlawful detention and so on.

1.. Assault is basically an attempt at battery. It is an act of putting someone in fear of danger. We have physical assault, sexual assault, psychological assault and so on.

2.. Battery involves the use of physical force on a person. It is a higher level of assault.

3.. Nuisance is basically any action that causes inconvenience to a person. It can be public nuisance or private nuisance. So, when your neighbour's generator keeps making noise which disturbs you, such neighbour has committed Nuisance.

4.. Negligence is simply a failure to take care. It occurs where a party has a duty of care but due to negligence, that duty is breached causing harm to a person. It was judicially explained in the case of DONOGHUE V STEVENSON. A practical example is where you purchase an egg roll but find no egg inside, the seller has committed a tort.

5.. Conversion involves dealing with a person's property in a way that is against that person's right. It is an attempt to deny a person of his right to his property

6.. Detinue is the refusal to return the possession of a property to its rightful owner. A lot of Nigerians actually commit this tort.

7.. Trespass. It can be divided into trespass against persons, against chattels and trespass against land.
When you assault or batter a person, you have committed a Trespass to person. When you commit Detinue or conversion, you have committed a Trespass to chattel.
When you interfere with a land not belonging to you in a negligent manner, you have committed a Trespass to land. It can be in form of staying on the land, wrongful entry, placing something on the land or even remaining on a land after the appropriate time. BALOGUN V ALAKIJA
The idea of land above does not relate to the soil alone, but includes anything attached to the soil either by nature or by humans.

8.. Defamation involves releasing statements that can damage a person's image. It can be in form of slander or libel. Slander is Defamation when spoken, that is, oral defamation. Libel however, is Defamation in print form.

9.. Passing off occurs when you carry on with a business with an intent to mislead people into thinking your business is the same as another person's business. For example, if you name your business CHICKEN REPUBLICO with an intention to trick people into thinking it's the same as CHICKEN REPUBLIC, you've committed passing off. The case of NIGER CHEMISTS V NIGERIA CHEMISTS is instrumental here.

10.. Deceit is basically an intentional or unintentional misrepresentation in a contract. So, when you lie in a contract, you have committed deceit and the contract automatically becomes voidable.

11.. Unlawful detention is a form of curtailment to personal liberty where a person is confined in a place against his will. Unlawful detention does not necessarily have to be committed by the police. Where a person is unlawfully detained, such person is entitled to compensation and a public apology.
In the case of DELE GIWA V I.G, the plaintiff sued the IG for unlawful detention and claimed damages.

For there to be an action in tort, you must prove that
1. You have a legally protected right.
2. The defaulter has infringed on your interest
3. The infringement was without cause.

In tort, we have two situations.
1. DAMNUM SINE INJURIA (DAMAGES WITHOUT INJURY) You must be able to show that you have suffered injury. Damages is not actionable in tort until it leads to a legal injury.
2. INJURIA SINE DAMNUM (INJURY WITHOUT DAMAGES) You have to show that you've suffered damages which can be in form of injury to person, property or reputation.

Tort is however actionable without proof of damages (actionable per se) in the case of trespass and Defamation.

This is the basic knowledge of tort and what it entails. More people should learn this things to protect your right. Recently, a man sued MTN for removing N50 from his account without his consent and claimed N5.5 million in damages.
KNOW YOUR RIGHTS!!!!!!

PS: This is just my basic knowledge as a new law student. Plus, SORRY FOR THE LONG WRITE-UP. IT WAS UNAVOIDABLE.

khilardz:

If you can't get it, forget abarrit

black man and feeling on top because he feel he knows something another don't.

Bankowner:
Oga, the question here is what is tort? Giving examples does not define the word.

Tort is a civil wrong caused by negligence and lack of duty of care towards your everyday neighbours and itvis punishable by law..it is a duty of care towards everyone by you...a duty stipulated by law...the breach of this duty is redressible by an action in common law for compensation of the victim.

It is differ from criminal law which objective is to punish and reform...infact it came to address the legal fiction of criminal law which leaves the victim after the criminal has been punished...the victim should also be pacified.

Can I say Buhari is a tort

Yes. My best part of Law

marvellously:
Okonkwo and Naish

What¿

Sorry it's a mistake I wanted to write Kodilinye and Aluko who co-authored a textbook on law of torts , I used it in 300 level

LordJoffrey:


What¿

Okonkwo and Naish co-authored a textbook on criminal law

marvellously:
Sorry it's a mistake I wanted to write Kodilinye and Aluko who co-authored a textbook on law of torts , I used it in 300 level

Oh okay, I haven't done law of tort as a course on its own yet. Maybe I'll eventually use the book

When you argue with Nairalanders based on the law of tort, they fire back with "Oga, this is Nigeria!". It's mind boggling how people have decided to be in a certain state forever.

LordJoffrey:


Oh okay, I haven't done law of tort as a course on its own yet. Maybe I'll eventually use the book

well if you are interested in pursuing a law degree, sure you will need it

Danjikanbauchi:
black man and feeling on top because he feel he knows something another don't.

That is ur problem bro. I am not here to teach you what you can easily find with Google.

Bankowner:
Oga, the question here is what is tort? Giving examples does not define the word.

As in eh.
The right thing would have been to define the word first before giving examples.

Bestie01:
Mehn,first came across this word in Grisham's The litigator.main character by name David.had to browse the meaning.

King of Torts - John Grisham

LordJoffrey:
A tort is a civil wrong, arising from the breach of duty by an individual which affects another person's right.

It is a civil wrong whose remedy is a common law action for damages.

Basically, tort arises where a person infringes on another person's rights due to the former's right to exercise his own rights.

Tort can be broadly categorised into:

Tort against personal interest. Eg, Assault, Battery, Nuisance, negligence and so on

Against property interest. Eg, Conversion, Detinue, Trespass to chattels and so on

Against reputation. Eg, Defamation

Against economic interest. Eg, Passing off,deceit and so on

Interference with judicial process. Eg, Malicious prosecution, unlawful detention and so on.

1.. Assault is basically an attempt at battery. It is an act of putting someone in fear of danger. We have physical assault, sexual assault, psychological assault and so on.

2.. Battery involves the use of physical force on a person. It is a higher level of assault.

3.. Nuisance is basically any action that causes inconvenience to a person. It can be public nuisance or private nuisance. So, when your neighbour's generator keeps making noise which disturbs you, such neighbour has committed Nuisance.

4.. Negligence is simply a failure to take care. It occurs where a party has a duty of care but due to negligence, that duty is breached causing harm to a person. It was judicially explained in the case of DONOGHUE V STEVENSON. A practical example is where you purchase an egg roll but find no egg inside, the seller has committed a tort.

5.. Conversion involves dealing with a person's property in a way that is against that person's right. It is an attempt to deny a person of his right to his property

6.. Detinue is the refusal to return the possession of a property to its rightful owner. A lot of Nigerians actually commit this tort.

7.. Trespass. It can be divided into trespass against persons, against chattels and trespass against land.
When you assault or batter a person, you have committed a Trespass to person. When you commit Detinue or conversion, you have committed a Trespass to chattel.
When you interfere with a land not belonging to you in a negligent manner, you have committed a Trespass to land. It can be in form of staying on the land, wrongful entry, placing something on the land or even remaining on a land after the appropriate time. BALOGUN V ALAKIJA
The idea of land above does not relate to the soil alone, but includes anything attached to the soil either by nature or by humans.

8.. Defamation involves releasing statements that can damage a person's image. It can be in form of slander or libel. Slander is Defamation when spoken, that is, oral defamation. Libel however, is Defamation in print form.

9.. Passing off occurs when you carry on with a business with an intent to mislead people into thinking your business is the same as another person's business. For example, if you name your business CHICKEN REPUBLICO with an intention to trick people into thinking it's the same as CHICKEN REPUBLIC, you've committed passing off. The case of NIGER CHEMISTS V NIGERIA CHEMISTS is instrumental here.

10.. Deceit is basically an intentional or unintentional misrepresentation in a contract. So, when you lie in a contract, you have committed deceit and the contract automatically becomes voidable.

11.. Unlawful detention is a form of curtailment to personal liberty where a person is confined in a place against his will. Unlawful detention does not necessarily have to be committed by the police. Where a person is unlawfully detained, such person is entitled to compensation and a public apology.
In the case of DELE GIWA V I.G, the plaintiff sued the IG for unlawful detention and claimed damages.

For there to be an action in tort, you must prove that
1. You have a legally protected right.
2. The defaulter has infringed on your interest
3. The infringement was without cause.

In tort, we have two situations.
1. DAMNUM SINE INJURIA (DAMAGES WITHOUT INJURY) You must be able to show that you have suffered injury. Damages is not actionable in tort until it leads to a legal injury.
2. INJURIA SINE DAMNUM (INJURY WITHOUT DAMAGES) You have to show that you've suffered damages which can be in form of injury to person, property or reputation.

Tort is however actionable without proof of damages (actionable per se) in the case of trespass and Defamation.

This is the basic knowledge of tort and what it entails. More people should learn this things to protect your right. Recently, a man sued MTN for removing N50 from his account without his consent and claimed N5.5 million in damages.
KNOW YOUR RIGHTS!!!!!!

PS: This is just my basic knowledge as a new law student. Plus, SORRY FOR THE LONG WRITE-UP. IT WAS UNAVOIDABLE.

This actually brought back memories from my university days especially the case of Donoghue V Stevenson.
I just remembered Bar Nicholas

Connoisseur:


King of Torts - John Grisham

not king of torts.the litigator

Bestie01:
not king of torts.the litigator

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I first heard about it in the King of Torts