What is tort by Salmond?
According to Salmond “Tort is a civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust, or other merely equitable obligation.
When should the Salmond test be used?
The traditional test for determining this is the Salmond test which states that a tort will be committed in the course of employment if it is either (a) a wrongful act authorised by the master, or (b) a wrongful and unauthorised mode of doing some act authorised by the master.
Where does the Salmond test come from?
A preferred test of the courts was formulated by John William Salmond, some 100 years ago, which states that an employer will be held liable for either a wrongful act they have authorised, or a wrongful and unauthorised mode of an act that was authorised.
What is meant by vicarious liability?
The simple definition of vicarious liability is where an individual or firm can be held responsible for torts committed by another, the most common case for that is of employers and employees. Employers will more often than not be held vicariously liable for their employee’s actions.
Who is a servant in law of tort?
A servant is a person employed by another to do work under the direction and control of his master. As a general rule, master is liable for the tort of his servant but he is not liable for the tort of an independent contractor. It, therefore, becomes essential to distinguish between the two.
What was the genesis of torts in Uganda?
The genesis of Torts in Uganda. By Julius Bwesigye1 THE HISTORY OF TORTS. A tort is defined by Winifield and Jolowicz as a civil wrong for which the remedy is a common law action for un liquidated and which is not exclusively the breach of contract trust or any other equitable obligations.
What was Salmond’s theory of the law of torts?
Pigeon Hole Theory or Salmond’s theory of the law of torts According to Salmond if one person commits any wrong and that wrong can be placed in a pigeon hole or he opined that there is no general principle and if the plaintiff can by any mean put that wrong in the pigeon-hole which has all the labelled torts, then the plaintiff could succeed.
What is the pigeon hole theory of torts?
Pigeon hole theory is one of the very profound theory in the field of law especially, in the law of torts. This theory is given Salmond. There were many different theories regarding tortuous liability different person has penned different opinion.
Are there any torts that do not fall under liability?
• Pigeon hole theory: many such torts are present which does not fall under the liability of torts.
