introduction to the law of torts

Tort is a legal term that means a civil wrong, as opposes to a criminal wrong that is recognized by law as grounds for a lawsuit. Tort deals with behavior that harm other peoples’ bodies, property, or legal rights, or breach of statutory duty owed by law. Unlike voluntarily assumed obligations on the parties created through a contract, the duties imposed under tort law are mandatory for all citizens.

The aim of the Law of Tort is to prohibit a person from causing harm to another and where a person suffers harm as a result of the wrongful conduct of another person, to compensation for the harm suffered. The Law of Torts enforces rights, apportions liabilities and provides remedies for tortious acts.

The objectives of the Law of Torts are as follows:

• a. Compensation: This is the most obvious objective of tort. The Law of Torts provides a channel for compensating victims of injury and loss and an avenue for issues of liability to be decided and compensation to be assessed and awarded to victims.
• b. Loss distribution: The Law of Torts is a vehicle for distributing losses suffered as a result of wrongful activities. This has to do with the redistribution of the cost from the claimant who has been injured to the defendant, or in most cases the defendant’s insurance company.
• c. Protection of interests: The Law of Tort protects interests in land and other property which a person has. It also seeks to protect the reputation and integrity of a person.
• d. Punishment of wrongful conduct: Although this is one of the main functions of criminal law, it may also play a small part in the law of tort, as there is a certain symbolic moral value in requiring the wrongdoer to pay the victim.
• e. Deterrence: The Law of Torts encourages people to conduct their activities more carefully, mindful of the possible effects their activities may have on other people and their property.

The remedies available to a person under the Law of Torts are as follows:

• a. Award of damages that is monetary compensation.
• b. Injunction.
• c. Any other remedy, such as, an order for restitution.

The common law rule in Smith v. Selwyn is that where a civil wrong also amounts to a crime, prosecution of the criminal aspect must be initiated, or reasons for default of prosecution given, before a civil action filed by the plaintiff can be heard. Thus, when the rule in Smith v. Selwyn was not observed, a civil action by a plaintiff could not proceed and was bound to fail as long as the defendant had not been prosecuted or a reasonable excuse given for the lack of prosecution. The rule in Smith v. Selwyn has been abolished in Nigeria as it offends the provisions of the Constitution in Section 6(6) (b), Section 17(2) (e), Section 46(1) and Section 315(3) and blocks the right of access to court. See also Veritas Insurance Co. Ltd. V. Citi Trust Investments Ltd. (1993) 3 NWLR Pt. 281, P. 349.