Tortious Liability In The UAE – An Unexplored Trail To Justice

Ubi jus ibi remedium – the legal maxim meaning, "where there is a right, there must be a remedy", forms the basis of the principle of tortious liability. One among the most acclaimed definitions of "tort", as propounded by Sir John William Salmond, an eminent common law jurist is as follows: "A 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 a trust or other merely equitable obligation".

Liability under tort may spring up from the breach of a duty primarily fixed by law, and a breach of this duty is redressible by an action for unliquidated damages. The law of tort aims to deter persons from infringing the rights of others, and compensate those who have suffered loss at the hands of the tort-feasor.