Its breach is redressible by an action for unliquidated damages This element suggests that Tortious Liability can be identified by the fact that breach of Tortious Liability is redressible by an action for unliquidated damages. Liquidated Damages (or Special Damages) is a situation where a person sues in court for a predetermined sum of money, for instance taxi fare, loss of salary, all of which are based on definite and determinate sums. Unliquidated sums on the other hand occur where the plaintiff seeks to recover such amount as the court, in its discretion, is at liberty to award, even if the plaintiff specifies a particular sum in his pleadings. Professor Winfield has argued that an action for unliquidated damages is a sure test of establishing whether a form of liability is tortious or say, contractual. For an elaborate discussion of the Elements constituting the definition, READ: Fleming, John G., Law of Torts,
36 2. Reception of Law of Tort in Tanzania Tanzanian tort law stems from English common law, and thus its history is that of English tort law as it developed from the twelfth century onwards. This is a history which has been well chronicled. Sources of Tort Law in Tanzania (I) Common Law of England received in Tanzania through the Reception Clauses. (II) Statutory Laws: Parliament has made very little inroad into Law of Tort.
