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law of torts?
i want to know what are the law of torts?guide me in detail according to Muslim law.
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#2
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@mehwish islam
tort is a civil wrong. defining it wont be possible on the forum. perhaps u should refer to some book available for studying the law of torts. i referred the book by 'D F Mulla' and found it quite informative.
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mehwish islam (Tuesday, September 28, 2010) |
#3
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tort
tort is civil wrong which prejudicially affect a person in some legal or private right( ratan lal)
simply tort means wrong or mistake which is done without contract. for example you are going in a market , in your hand there is some things whose are made of glass, suddenly a person touch your hand and at the result of this act the glass make things broken, in this case you can apply to court and get suitable relief which may be two types you get original thing you get money equal to loss tort in islam islam is in favoure of tort islam religion base on tit for tat islam says eye for eye , nose for nose, lose for lose, money for money remember tort link civil cases not criminal cases basic purpose of tort is to make situation in which the loss of affeted person is recover by giving suitable compention
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The world suffers a lot, not because of the violence of bad people, but because of the silence of good people. Last edited by hafiz ishtiaq ahmad; Tuesday, September 28, 2010 at 05:40 AM. Reason: speel mistake |
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#4
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Thank you Mr.Ishtiaq n Arbab.you've solved my problem.Mr. Ishtiaq you are studing same subjects which I've chosed except sociology,wouid you plz guide me in my studies like where to start from?Any strategy to study newspapern how to keep in mind punjabi poetry?
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#5
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torts is basically civil wrong and not a crime and is different from breach of contract.it affects right in rem and not in personam.it usually results in damage for which damages are rewarded...
keep one thing in mind that damage here means voilation of some legal right and not any other, though a person might not have suffered any physical injury and just legal right is voilated so here it will be falling within the category of torts.....
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#6
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What is tort?
-------------------------------------------------------------------------------- TORT... A tort (originally from the Old French, meaning "wrong", from medieval Latin tortum, also meaning "wrong", past participle of torquere "to twist") is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from criminal wrongdoing which involves a breach of a duty owed to society, and also does not include breach of contract. Tort cases may comprise such topics as auto accidents, false imprisonment, slander and libel, product liability (such as defectively designed consumer products), and environmental pollution (toxic torts). A person who suffers legal damage may be able to use tort law to receive damages (usually monetary compensation) from someone who is responsible or liable for those injuries. Generally speaking, tort law defines what is a legal injury and what is not. A person may be held liable (responsible to pay) for another's injury caused by them. Torts can be classified in a number of different ways, one is to distinguish according to degree of fault, so that there are intentional torts, negligent torts, and strict liability torts. For example, Alice throws a ball and accidentally hits Brenda in the eye. Brenda may sue Alice for losses occasioned by the accident (such as the cost of medical treatment and lost pay due to missing work), as well as for punitive damages. Whether or not Brenda wins her lawsuit depends on whether she can prove Alice engaged in tortious conduct. Here, Brenda would try to prove that Alice had a responsibility not to harm people and failed to exercise the responsibility which a reasonable person would render in throwing the ball. This is an example of the negligence. In much of the Western world, the measure of tort liability is negligence. If the injured party cannot prove that the person believed to have caused the injury acted with negligence (lack of reasonable care), at the very least, tort law will not compensate (pay) the victim. However, tort law also recognizes intentional (purposeful) torts and strict liability torts, which apply when the person accused of committing the tort satisfied certain standards of intent (meaning) and/or performed certain types of conduct. In tort law, injury is defined broadly. Injury does not just mean a physical injury, such as where Brenda was struck by a ball. Injuries in tort law reflect any invasion of any number of individual interests. This includes interests recognized in other areas of law, such as property rights. Actions for nuisance (annoying or hurting) and trespass (unlawful entering) of land can arise from interfering with rights in real property. Conversion law and trespass to chattels (personal property) can protect interference with movable property. Interests in prospective (possible future) economic advantages from signed agreements can also be injured and become the subject of tort actions. A number of situations caused by parties in a contractual (written agreement) relationship may still be tort rather than contract claims, such as breach of duties. Tort law may also be used to compensate (pay) for injuries to a number of other individual interests that are not recognized in property or contract law. This includes an interest in freedom from emotional distress, privacy interests, and reputation. These are protected by a number of torts such as Intentional infliction of emotional distress, privacy torts, and defamation/slander (destruction of a reputation). Defamation and privacy torts may, for example, allow a celebrity to sue a newspaper for publishing an untrue and harmful statement about him. Other protected interests include freedom of movement, protected by the intentional tort of false imprisonment which is when you are arrested without cause. The equivalent of tort in civil law jurisdictions is delict. The law of torts can be categorised as part of the law of obligations (duties), but unlike voluntarily assumed obligations (such as those of contract, or trust), the duties imposed by the law of torts apply to all those subject to the relevant jurisdiction. To behave in tortious manner is to harm another's rights, body, property or other rights. One who commits a tortious act is called a tortfeasor |
#7
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tort law: what ramidies in islamic law
thank u mr imran bkht for explaining tort law in detail. mr imran it would be rather more beautiful if u kindly explain what are ramidies in islamic law for tort....
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#8
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Quote:
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#9
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Quote:
Malfeasance, Misfeasance and Nonfeasance Malfeasance is a comprehensive term used in both civil and Criminal Law to describe any act that is wrongful. It is not a distinct crime or tort, but may be used generally to describe any act that is criminal or that is wrongful and gives rise to, or somehow contributes to, the injury of another person. Malfeasance is an affirmative act that is illegal or wrongful. In tort law it is distinct from misfeasance, which is an act that is not illegal but is improperly performed. It is also distinct from Nonfeasance, which is a failure to act that results in injury. The distinctions between malfeasance, misfeasance, and nonfeasance have little effect on tort law. Whether a claim of injury is for one or the other, the plaintiff must prove that the defendant owed a duty of care, that the duty was breached in some way, and that the breach caused injury to the plaintiff. One exception is that under the law of Strict Liability, the plaintiff need not show the absence of due care. The law of strict liability usually is applied to Product Liability cases, where a manufacturer can be held liable for harm done by a product that was harmful when it was placed on the market. In such cases the plaintiff need not show any actual malfeasance on the part of the manufacturer. A mistake is enough to create liability because the law implies that for the sake of public safety, a manufacturer warrants a product’s safety when it offers the product for sale.
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