I= SCOPE AND APPLICATION OF LAW OF TORT IN PAKISTAN
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Title of Thesis
SCOPE AND APPLICATION OF LAW OF TORT IN PAKISTAN

Author(s)
Muhammad Naeem
Institute/University/Department Details
University Of The Punjab
Session
1991
Subject
Law
Number of Pages
602
Keywords (Extracted from title, table of contents and abstract of thesis)
law of tort, pakistan, protection of the rights, lawyers, litigants, court, trespass, defamation, nuisance, vicarious liability

Abstract
Law of tort, as it will appear in the pages below, has never been a front line subject in the eye of our propel. Litigants have not relied so much on this law and whenever they looked for remedy to their wrongs. This has not been the position in Pakistan alone, many other underdeveloped countries including India depict the same faint picture for its being considered as the law of less utility and negligible practice al importance.

However, now the things are changing very quickly all over the underdeveloped world. The old trends are giving way to the new, and the to the ones. In Pakistan the number of tort cases is on the rese, though in an extremely allow fashion, some suggestions for improvement in the law of tort have been made, in the last chapter of this thesis.

There are ten chapters in total. Chapter I is important since it gives to reader, quite an information about origin and history of law of tort in the indo-Pakistan sub-continent. The historical goes back to the earlier position of tort in England and its arrival in that country. Tort is defined explained in this chapter and general principles have also been discussed in some detail there.

The purpose and end of law of tort as the protection of the rights to person, property and reputation are included in chapter III relates to the developments of law of tort in Pakistan. Chapter Iv is explicit like other chapters to follow. In these chapter legal concepts, such as, trespass, trespasses to proper (including trespass to incorporeal property) are discussed. In chapter v the topic ‚€˜Defamation‚€™ has been fully laid bare. The study has been made with reference to section 499 of Pakistan penal code. Defenses available to an action for defamation are also explained in some detail there. Negligence is discussed in chapter VI. In this chapter it has been seen that duty to take care is primarily fixed by law, and that the breach of that duty to take care can be the cause of damage to the plaintiff. In this regard the law is the law of the classical case of donoghue v. Stevenson (1932), but the defendant will not be held responsible for the loss to the plaintiff if the consequence were unforeseeable.

In the same chapter VI, a very useful maxim of law (tree ipsa loquitur) has been applied in helping the plaintiff, who cannot prove to the full, the accident in question. In such a situation negligence is presumed against the defendant who must pay compensation to the plaintiff if he (defendant) was unable to rebut the presumption against him.

Chapter VII is about nuisance which may be private or public depending upon who is subjected to annoyance and discomfort. Public nuisance can be in the form of smoke, stench, noise, atomic radiation, or the water polluted by industrial refuse. This branch of tort has altered many who are fighting pollution and try hard towards the protection of environment. Private nuisance is a tort, whereas public nuisance is not until the individual can prove special damage to him.

Chapter VIII relates to vicarious liability. It is seen that not only is the private employer held liable for the torts of his servants, but that the state no more enjoys exemption from liability if a servant commits a tortuous act, within the couse of employment, there are statutory laws binding the employer of today to go out of the way pay compensation to the suffering workman. Liability in such a situation is strict because most often the employer is faultless altogether. Chapter IX relates to the application of law of tort in Pakistan. Though at present tort actions are minimal in numbers, yet some healthy changes are expected to take place in the time to come.

Chapter X is the last of all in this thesis. This chapter refers to conclusions and suggestions. Among other things, it is suggested that the court-fee should be decreased to cause more cases to be entertained in the courts. It has been desired that lawyers must take on themselves the responsibility of educators of litigants from all walks of life, to enable them to start right actions including actions for recovery of damages for the injuries sustained.

Download Full Thesis
12329.51 KB
S. No. Chapter Title of the Chapters Page Size (KB)
1 0 Contents
84.7 KB
2 1 Introductory
1529.06 KB
  1.1 Introduction 1
  1.2 Origin And History Of Law Of Tort: 7
  1.3 Definition And Explanation Of Tort. 38
  1.4 General Principles 57
3 2 Chapter Ii
736.74 KB
  2.1 Purpose And End Of Law 86
  2.2 Need And Importance 90
  2.3 Areas Of Operation 95
  2.4 Absence Of Statutory Provisions 109
  2.5 Distinction From Crime And Contract 115
4 3 Development Of Tort In Pakistan
153.8 KB
  3.1 General 127
  3.2 Minimal Developments: Reasons. 132
5 4 Areas Of Application Of Tort
2124.63 KB
  4.1 Trespass 136
  4.2 Trespass To The Person 138
  4.3 Trespass To Property 179
6 5 Defamation
2798.43 KB
  5.1 Principles Of Defamation 245
  5.2 Defamatory Statement 246
  5.3 Defenses 271
7 6 Negligence 325
1208.04 KB
  6.1 Breach Of Duty 338
  6.2 Damage To The Plaintiff 350
  6.3 Contributory Negligence 360
  6.4 Res Ipsa Loquitur 372
8 7 Chapter Vii
516.31 KB
  7.1 Nuisance 383
9 8 Chapter Viii
924.31 KB
  8.1 Vicarious Liability 410
  8.2 The Doctrine Of Common Employment 432
  8.3 Compensation For Injuries To The Workman 442
  8.4 Vicarious Liability Of The State 444
10 9 Chapter Ix
1164.99 KB
  9.1 Application Of The Law Of Torts In Pakistan, Modern Trends 457
  9.2 Attitua* Of Society And Approach Of The Courts 500
  9.3 Urbanisation And Industrialization: Effect 506
11 10 Conclusions And Suggestions 517
541.19 KB
12 11 References
448.07 KB
  11.1 Table Of Cases 541
  11.2 Table Of Statutes 553
  11.3 Bibliography 561
  11.4 Index 567