What is Tort? cases on Tort and Crime

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According to Salmond :

Tort is civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract, trust or other merely equitable obligation

According to Winifred :

Tort is Breach of a duty primarily fixed by law, duty is towards persons generally and its breach is repressible by an action for unliquidated damages.

Cases on Tort and Crime

Instance of crime and tort in same fact

  • If Kale driving recklessly, fails to observe ordinary rule of safety, knock down Peters – this is both Tortious and Crime

TortInjury resulting from the accident

CrimeReckless driving 

Smith v Selwyn

Crime and same time tort. The case basically stressed the fact that a case can be tort (Civil Wrong) and can also double as Crime (State Wrong). In the case, although now abolished, the court stressed that criminal proceeding has to have been instituted in court before any civil procedure can follow. This rule is now ruled out in the English courts.

Tika Tore Press Ltd v. Umar

The Tika Tore’s case stresses the fact that the rule established in Smith v Selwyn is archaic

See also  Adetoun Oladeji v Nigeria breweries Plc, (2007) 5 NWLR 415 at 439

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