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Tort Law in Malaysia
- Essay length: 4079 words
- Submitted: 06/02/2007
The first 200 words of this essay...
The word 'tort' originated from the Latin word, tortus, which means 'twisted' or 'wrung'1, signifying 'wrong'. Therefore, a 'tort' can be regard as a 'wrong' in its most untechnical sense. Different authors brought many different definitions of the word 'torts' to reader's attention. However, none of the definitions can be regarded as the best definition.
The law of torts is one of the branches of the civil law. The scope of the law of torts is wide, including trespass to person, trespass to land, trespass to goods, negligence, defamation, nuisance and strict liability.
One of the better definitions defining tortious liability as liability arises from the breach of a duty primarily fixed by law where this duty is towards persons generally and its breach is redressable by an action for unliquidated damages, given by Winfield.
There is considerable wisdom in the view of the learned authors of 'Cleark and Lindsell on Tort' that attempts to define a tort with precision, is a fruitless exercise.2 To understand the law of torts, it is not the definition but the description of the aims of the law of torts that will be an
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