A tort is derived from the Latin word ‘tortus’ which means wrong or crooked. It implies to conduct which is notorious or twisted. The equivalent word in English is wrong. Thus, tort in common law is a civil wrong. The nature of Tort law is thus essentially concerned with compensation for damages for civil wrongs suffered as a result of another’s acts or omissions.
What is Tort Law?
The civil wrong surfaces as a result of the breach (an act of breaking or failing to observe a law, agreement, or code of conduct.)of a duty imposed by law.
Thus there are, for example, duties not to assault another person, not to trespass (entering onto land without the consent of the landowner) on another’s land, not to take another’s goods, and to take care to not injure one’s neighbor.
Some duties are laid down by legislation; others are found in the common law. The emphasis on the nature of tort as a civil wrong differentiates it from crime.
Browse more Topics under Law Of Torts
- General Principles of Liability in Tort
- General Defences to an Action in Tort
- Vicarious Liability
- Joint Liability
- The Rules of Strict Liability
- Absolute Liability
- Extinction of Liability
- Tort affecting the person
- Torts affecting movable and immovable object
- Nuisance as a Tort
- Torts Affecting Defamation
- Negligence Tort Law
- Remoteness of Damages – Law of Tort
- Legal Remedies in Tort
- The Consumer Protection Act – 1986
- The Motor Vehicle Act – 1988
Let us Understand Laws of India here in detail
Difference between Tort and Crime
|Private Wrong||Public Wrong|
|Breach of Private Duties||Breach of Public Duties|
|Object of action is compensation||Object of action is punishing the wrong does|
|Individual has to approach a Civil Court for redressal||State initiates prosecution against the wrongdoer|
Characteristics of a Tort
- Tort is a private wrong that contravenes the legal right of an individual or a group.
- The person who engages in tort is called “tort-feasor” or “Wrongdoer”.
- The place of trial for tort is Civil Court.
- Tort litigation is compoundable which means that the complainant can withdraw the suit filed by him.
- Tort is a specie of infringement (the act of breaking the terms of a law, agreement, etc.; violation) of a person’s rights or civil wrong.
Types of Torts
There are three types of torts depending upon the tortfeasor’s intent.
|Intentional Tort||Negligence||Strict Liability|
|If the tortfeasor (wrongdoer) acted with intent to cause the damage or harm.||If the tortfeasor did not act intentionally but nonetheless failed to act in a way a rational person would have acted.||If the tortfeasor is engaged in certain activities and someone is injured or killed, the tortfeasor is held liable no matter how cautious or incautious he or she has been.|
||Inherently dangerous activities|
Question On Nature of Tort law and its characteristics
Ques. Which of the following interests is not protected by the law of tort?
- Physical safety
- Peaceful enjoyment of one’s land
Ans: Option ‘a’ is the correct answer. Tort law protects a wide range of interests but the interest in the protection of one’s commercial position is not one of them.