The word tort originates from the French language. It is equivalent to the English word “wrong” and Romanian law’s term “delict”. It is derived from the Medieval Latin word “tortum” which means “wrong” or “injury” which itself was further developed from the Old Latin word “t...
Unit-I: Introduction and Principles of Liability in Tort
a. Definition of Tort
b. Development of Law of Torts
c. Distinction between Law of Tort, contract, Quasi-contract and crime
d.Constituents of Tort: Injuria sine damnum, Damnum sine injuria
e. Justification in Tort, Volenti non-fit Injuria, Necessity, Plaintiff’s default, Act of God, Inevitable
accidents, Private defense
Unit-II: Specific Torts-I
a. Negligence
b. Nervous Shock
c. Nuisance
d. False Imprisonment and Malicious Prosecution
e. Judicial and Quasi: Judicial Acts
f. Parental and Quasi-Parental
authority Unit-III: Specific Torts-II
a. Vicarious Liability
b. Doctrine of Sovereign Immunity
c. Strict Liability and Absolute Liability
d. Defamations
Unit-IV: The Consumer Protection Act, 1986
a. Definitions of Consumer, Goods and Service
b. Rights and Duties of Consumer
c. Authorities for Consumer Protection
,MEANING OF TORT
The word Tort is derived from a Latin word 'Tortus' which means 'twisted' or 'cooked act'. In English it
means, 'wrong'. The Expression 'Tort' is of French Origin. The word Tort was derived from the Latin
term Tortum.
The term 'Tort' means a wrongful act committed by a person, causing injury or damage to another, thereby
the injured institutes (files) an action in Civil Court for a remedy viz., unliquidated damages or injunction or
restitution of property or other available relief. Unliquidated damages means the amount of damages to be
fixed or determined by the Court.
The person who commits or is guilty of a tort is called a "tortfeasor". (Gordon v. Lee, 133 Me. 361,
178 A. 353, 355)
The person who suffered injury or damage by a tortfeasor is called injured or aggrieved.
Tort is a common law term and its equivalent in Civil Law is "Delict".
In general, the victim of a tortious act is the plaintiff in a tort case.
As a general rule, all persons have the capacity to sue and be sued in a tort.
Tort Law provides an avenue for an injured person of a remedy. It does not provide a guarantee of
recovery.
DEFINITION OF TORTS
1 Sir John Salmond: "Tort as a civil wrong for which the remedy is common law action for
unliquidated damages and which is not exclusively the breach of contract or the breach of trust or
other merely equitable obligation."
2 Prof. P H Winfield: Tortious Liability arises from breach of a duty primarily fixed by law; this duty is
towards persons generally and its breach is redressable by an action for unliquidated damages.
1. Clark and Lindsell: "Tort is a wrong independent of contract for which the appropriate remedy is a
common law action."
2. Fraser: A tort is an infringement of a legal right in rem of a private individual, giving a right of
compensation of the suit of the injured party.
3. Section 2(m) of Limitation Act, 1963: "Tort means a civil wrong which is not exclusively a breach
of contract or breach of trust."
,ORIGIN OF LAW OF TORTS
The 'Law of Torts' owes its origin to the Common Law of England. It is well developed in the UK, USA
and other advanced Countries. In India, Law of Torts is non codified, like other branches of law eg: Indian
Contract Act, 1872 and Indian Penal Code, 1860. It is still in the process of development.
A tort can take place either by commission of an act or by omission of an act.
Development of law of torts in India
To deal with the malicious behavior of the people tort existed in Hindu and Muslim law but it can be said
that tort was formally introduced by the Crown in India. It is based on the principles of equity, justice, and
good conscience. The law of torts is based on the principles of ‘common law’ which is mainly the English
law of torts. The application of the law of tort is an applied selectively in Indian courts keeping in mind if it
suits the circumstances of Indian society.
Justice Bhagwati in M.C Mehta v. Union of India observed that:
“We have to evolve new principles and lay down new norms which will adequately deal with new problems
which arise in a highly industrialized economy. We cannot allow our judicial thinking to be constructed by
reference to the law as it prevails in England or for the matter of that in any foreign country. We are
certainly prepared to receive light from whatever source it comes but we have to build our own
jurisprudence.”
Three Elements of Torts
For an act to be considered a Tort, there will be three essential elements:
Tort is a civil wrong,
Such civil wrong is other than a mere breach of trust or contract
The remedy for such civil wrong lies in an action for unliquidated damages.
1. Tort, is a private wrong, which infringes the legal right of an individual or specific group
of individuals.
2. The person, who commits tort is called "tort-feasor" or "Wrong doer"
3. The place of trial is Civil Court.
4. Tort litigation is compoundable i.e. the plaintiff can withdraw the suit filed by him.
5. Tort is a specie of civil wrong.
6. Tort is other than a breach of contract
7. The remedy in tort is unliquidated damages or other equitable relief to the injured.
How law of torts is different from crime
S.NO Tort Crime
The person who commits a tort is known The person who commits a crime is known as
1.
as ‘tortfeasor’. ‘offender’.
2. Proceedings take place in Civil Court. Proceedings take place in Criminal Court.
The remedy in tort is unliquidated
3. The remedy is to punish the offender.
damages.
It is not codified as it depends on judge- Criminal law is codified as the punishments are
4.
made laws. defined.
Private rights of the individuals are Public rights and duties are violated which affects the
5.
violated. whole community.
What are the Differences Between Contract and Tort Law?
A distinct difference between contract and tort laws lies in the issue of consent. In contract law, both parties
must enter an agreement knowingly and without coercion.
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