“CHARACTERISTICS OF TORTS”

INTRODUCTION:- Tort is breach of some civil duty independent of contract for which compensation may be 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 and it is not the part of statue law.

GENERAL MEANING OF TORT:-

                        Tort is breach of some civil duty independent of contract for which compensation may be 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 and It is not the part of statue law.

MEANING:- The word  tort is derived from Latin word “Tortum” which means to twist or ‘Conduct’ which is twisted.

DEFINITIONS OF TORT:-

DEFINITION BY OXFORD DICTIOARY:-

Tort is a “private or civil Wrong”.

BY PHILIP JAMES:-

Tort is a private or civil wrong independent of contracts for which appropriate remedy is an action for UN liquidated damages.

WRONS WHICH ARE NOT TORT

(i)                 CRIMINAL WRONGS.

(ii)               BREACH OF CONTRACTS.

(iii)             BREACH OF TRUST.

(iv)             QUASI-CONTRACTUAL

EXAMPEL:-

“A” enters the land of “B” without permission of ‘B’ ‘A’ has committed Tort of trespass.

KINDS OF TORT

(i)                 Torts actionable per se.

(ii)               Torts actionable on proof of damage.

(iii)             Felonious Torts.

ESSENTIAL O TORT

I.                   LEGAL INJURY

Legal injury is violation of any of the legal rights or duties recognized by law.

II.               LEGAL DAMAGE

                    Legal damage as ingredient of tort is neither actual damage nor its necessarily pecuniary. Every unauthorized interference with legal right or violation of right to property would import legal damage.

CASE LAW:- MOGUL STEAMSHIP VS. MEGREGOR 1892:-

                            Proof of legal damage in it self without proof of legal injury would not be actionable under law of tort.

III.            LEGAL REMEDY

                        A person suffering a legal injury and damage can succeed under law of tort only if his case is covered by the recognized tort. The law of tort is said to be a development of the maxim “ubi ibi Remedium” which means there is no wrong without a remedy.

IV.             CIVIL WRONG;-

                      Tort is a civil wrong. An act which prima facie, appears to be innocent may become tortuous if it invades the legal right of another person.

V.                RIGHT FIXED BY LAW

The right which is infringed or violation must be a right which is fixed by the law independently of the consent of the parties.

POSITION IN PAKISTAN

In Pakistan there is no act of the legislation like penal code, criminal procedure contract Act etc. in Pakistan

OBJECTIVES

(i)                 To prevent men from hurting a whether in respect of their property person, reputation or any other thing else that is theirs.

(ii)               Practical aim of law of tort is to achieve a just settlement between the parties.

SOURCES OF LAW OF TORT

(i)                 Case Law or judge made law.

(ii)               Statutory provisions in different statues.

(iii)             Latin maxims

CONCLUSION

To conclude to it I can say Tort is a civil wrong which comes into existence, by some wrong act committed by the defendant and which must result in damage and also which in its turn gives rise to a legal remedy.