Tort Noots of Sir,Lecture By M. Mujahid Rana (Advocate High Court)Class LLB Part 1

Law of Torts

Describe what is tort, definition of tort, nature of tort and essential of tort, ingredients of tort?

Introduction:

Tort law deals with situations where a person's behaviour has unfairly caused someone else to suffer loss or harm. A tort is not necessarily an illegal act but causes harm and therefore the law allows anyone who is harmed to recover their loss. Tort law is different from criminal law, which deals with situations where a person's action cause harm to society in general. A claim in tort may be brought by anyone who has suffered loss. Criminal cases tend to be brought by the state, although private prosecutions are possible.

Tort is breach of some civil duty independent of contract for which compensation is recoverable. If there is an injury for which no compensation is recoverable is not tort. The law of tort is based on common law. It is still growing. It is not the part of statue law.

Meaning:

The word tort is derived from The Latin Term “Tortum” to twist or tortuous. It corresponds to the English word “wrong” and to the Roman word “delict”.

Definition:

It may be noted that infliction of all civil injury is not tort. A civil injury for which an action will not lie is not a tort.

Salmond:

Says “It a civil wrong independent of contract for which the remedy is an action for damages”.

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 trust or other merely equitable obligation.

Rattan Lal:

Says it is an act or omission which prejudicially affects a person in some legal private right.

Oxford Dictionary:

Tort is a private or civil wrong.

Under Hill:

According to under hill “Tort is a wrong independent of contract and resulting”.

1.      In the infringement of some qualified right of another causing actual damage.

2.      In the infringement of some absolute right to which another is entitled.

3.      In the infringement of some public right causing some special and substantial damages of an individual beyond that which is suffered by the public generally?

Winfiled:

Says that tortuous liability arises from the beach of a duty primarily fixed by the law. This duty is towards person generally and its breach is redressible by an action for un-liquidated damages.

Nature of Tort:

It was introduced into the English law by Norman Jurists. It now means a breach of some duty independent of contract between citizens giving rise to a civil cause of action and for which compensation is recoverable. The person committing a tort or wrong is called a tort-feasor or wrong-doer and his misdoing is a tortuous act.

Essential of a Tort:

There are five important essentials of a tort. These are as follows:

Civil Wrong

Infringement of Right In Rem

Right Fixed By Law

Common Law Action

Remedy

Essential of Tort

 

                         

1.      Civil wrong: The remedies given for a tort owe their origin to the common Law. As act which Prima Facie, appeals to be innocent may become tortuous if it is invades the legal right of another person.

2.      Infringement of Right in Rem: Tort to person, property and reputation.

3.      Right Fixed by Law: independent of the consent of the party must be fixed by law.

4.      Common Law Action: Such violation should be a common law action.

5.      Remedy: Should be by way of damages i.e. compensation.

Wrong Which Are Not Torts?

1.      Wrongs Exclusively Criminal:(Dacoity, murder, forgery etc)

2.      Civil Wrongs Breach of Contracts: (Though a civil wrong but not a tort)

3.      Breach of Trusts: (This is a matter of confidence)

Wrongs Which Are Both Torts As Well As Crimes

Assault, defamation ,negligence etc. A civil suit and a criminal prosecution will lie in such cases. (Fraud, Battery and Trespass etc.)

Constituent Element of a Tort:

Three ingredients of a tort.

1.      A wrong full act by the defendant

2.      Legal remedy

3.      Legal damage to the plaintiff

Kinds of Torts:

There are three major kinds of torts:

Actionable Per Se

Non Actionable Per Se

Felonious Torts

Kinds of Torts

 

Objectives:

Prevention from hurting in respect of property and reputation. Settlement of disputes by compensation damages.

Sources of Law:

·         Case law or judge made law

·         Latin Maxims

·         Statutory provisions in different statutes.

Conclusion:

Tort is a civil wrong to constitute a tort. There must be a wrongful act committed by a person. It must give rise to legal damage as well as legal remedy. The remedy should be by the way of compensation in money.