What is law of Tort?

Do you want to know about Tort? Here I explain about Tort.

What is law of Tort?

Introduction

Tort law governs the remedies for civil wrong. A person is liable for the wrongful act, whether done accidentally or intentionally. The injured or the aggrieved party is compensated by the payment for damages.

Damages may include compensation for loss of property, medical incapability, pain and punitive damages to punish the wrongdoer.

Most of the claims that arise under civil suits, except contractual claims, are governed by the tort law. The intention of the tort law is to provide relief from wrongful act of others through monetary wrongful acts of others through monetary compensation.

Meaning -

The word tort has been deprived from the Latin term ‘ Tortum , which means ‘to twist’. Thus, “Tort’ ’means “a conduct which is not straight or lawful, but, on the other hand, twisted crooked or unlawful.’’ It is equivalent to the English term ‘wrong’. The Law of Torts consists of various ‘Torts’ or wrongful acts whereby the wrongdoer violates some legal right vested in another person.

Definition

1. 'Tort means a civil wrong which is not exclusively a breach of contract or breach of trust’’ —S. 2(m), the Limitation Act, 1963.

2. “It is a civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusive the breach of contract or the breach of trust or other merely equitable obligation.’’— Salmond.

3. “The tortious liability arises from the breach of a duty primarily fixed by the law: this duty is towards persons generally and its breach is redressable by an action for unliquidated damages.’’—Winfield.

“It is an infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party.’’ — Fraser

Nature

 It includes: -

Tort and crime 

In the past, tort its origins in criminal law. Even now, several components of the laws governing damages contain a punitive component. Tort, however, is a type of civil wrong or injury. Depending on the type of legal remedy offered, civil and criminal wrong are distinguished from one another. A civil wrong is a wring that results in civil wrong is a wrong that results in civil litigation. In contrast to criminal procedures, which have as their goal the punishment of the defendant for some act of which they are accused, civil proceedings deal with the enforcement of some right asserted by the plaintiff as against the defendant. The same mistake may occasionally be the focus of both types of procedures.

Contract and torts 

The distinction between contract and tort liability results from the violation is remediable through an action for unliquidated damages. A contract is a legal connection whose existence, substance, and implication are decided and defined by the parties ‘agreement. A contract in Salmond ‘s view, results from the exercise of the independent legislative power granted by the law to individuals so that they may proclaim and specify the nature of their respective right and duties.

Quasi-Contract and Tort 

Instances in which a person is held liable to another without any kind of agreement for money or a benefit to which the other party is more properly entitled fall under the category to the orthodox perspective, the presence of a hypothetical contract that is suggested by law serves as the judicial basis for the duty under a quasi-contract. However, according to the radical viewpoint, the responsibility in a quasi-contract is unique and its foundation is the avoidance of unfair enrichment.

conclusion

The law of tort is a legal framework that governs situations where one person suffers harm or loss due to the wrongful act or omission of another. The main conclusion of the law of tort can be summarized as follows:

- It provides a remedy for individuals who have suffered harm or loss due to the negligent or intentional acts of others.

- It holds individuals and organizations accountable for their actions, promoting a sense of responsibility and duty of care towards others.

- It aims to compensate victims for their losses and deter others from committing similar wrongful acts.

- It covers a wide range of torts, including negligence, nuisance, trespass, defamation, and intentional infliction of emotional distress.

- It is a vital part of the civil justice system, allowing individuals to seek justice and redress for harm suffered.

In essence, the law of tort plays a crucial role in maintaining social order and promoting a safe and respectful environment for all individuals.

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