overview of the law of torts

The difference between the Law of Tort and Criminal Law lies in their respective purposes and nature. They are as follows:

• a. The Law of Torts is concerned purely with civil wrongs which give rise to civil proceedings, the purpose of such proceedings being not to punish wrongdoers but to give the victim compensation for the wrong suffered and to also protect the public at large. On the other hand, the purpose of Criminal Law is to protect the interests of the public at large by the punishment of offenders when found guilty of crimes, generally by means of imprisonment or fines. Under Criminal Law, conducts which are most detrimental to society and to the public welfare which are treated as criminal.
• b. Another important difference between tort and crime is that Criminal Law has been codified in the form of the Criminal Code of Southern Nigeria and the Penal Code of the Northern States and the Administration of Criminal Justice Act whereas, the Law of Torts remains a creature of judicial precedent modified by statute.
• c. Another difference exists between Criminal Law and the Law of Torts is in the method of proof. A crime must be proved beyond reasonable doubt. This is however not the case in the Law of Torts, as the requirement of proof is on the balance of probabilities.

The difference between The Law of Torts and Contract are as follows:

• a. In Torts, the duties of parties are fixed primarily by law but in contract, parties fix the duties themselves.
• b. When a wrong occurs arises from a breach of the agreement between parties in a contract, it is not a tort but a breach of contract. On the other hand, if the relationship of the plaintiff and the defendant is such that a duty of care arises irrespective of contract and a wrong is done, and the defendant is negligent, then the wrong is often a tort.

There is little or no difference between the legal rights and liabilities of tort and trust. The only difference that exists between the two is that of history. The Law of Tort arose or developed from common law while the Law of Trust grew from the doctrine of equity in the Court of Chancery.

Put differently, the remedies of tort are based on law, while the remedies of trust were originally equitable and discretionary, although many remedies are now legal or statutory.

Torts is classified into the following:

• a. Interference with judicial process.
• b. Interest in reputation.
• c. Property interests.
• d. Economic interests
• e. Interference with relationships.
• f. Miscellaneous interests.

The law of tort came into Nigeria when English law was received into Nigeria by virtue of local statutes that permitted the application of English law in Nigeria. The English law introduced into Nigeria was made up of three aspects. These are:

• a. The common law of England.
• b. Equity.
• c. The statutes of general application in force in England on January 1, 1900.

The sources of the Nigerian Law of Torts include the following:

• a. Common law.
• b. Case law.
• c. Statutes.