Law of Torts
1. Introduction
Law of Torts is a significant branch of Civil Law which is uncodified andaddresses as well as remedies civil wrongs that cause loss or harm to individuals. This enables individuals to seek compensation for damages or injuries which are are result of the actions or negligence of others. The protection of individual rights and the pursuit of justice against wrongdoers is the foundation of Tort law. Since tort law is uncodified, it evolves with changes in the society. The essential elements of a tort include, a beach of duty by any act or omission which causes legal damagesand that breach is redressed by the way of damages[1]. This article aims to explore the idea of torts, tracing its historical evolution, inspecting its categories and principles and how they are applied in Indian and English Legal systems
2. Law of Torts: An Overview
A Tort is any wrongful act due to negligence by a tortfeasor towards a plaintiff which leads to a legal liability. Tort law mainly deals with cases in which one party's wrongful conduct results in loss or injury to another which causes a legal liability to arise. The term "Tort" comes from the Latin word "tortum", which means "twisted" or "wrong". Torts are broad category of civil wrongs that include, but are not limited to, strict liability offenses, negligence and intentional harm.There are 3 main functions of Tort law. First, it facilitates the compensation for injuries which are caused by wrongful conduct. Second, it can discourage others from engaging in acts that may cause harm. Third, it can offer a means of punishing those who unjustly cause harm to others [2].
3. Historical Evolution of Tort Law
The roots of tort law can be traced back to ancient legal frameworks, such asRoman law, which placed a strong emphasis on making amends for ones wrongdoings. In ancient Rome, the legal doctrine of "delict" was applied to address civil wrings which laid the groundwork for modern tort principles.
THe English common law system has had a considerable influence on the development of modern tot law rules. Eairler, torts were primarily divided into two categories: trespass and trespass on the case. While trespass originally addressed direct and immediate harms, trespass on the case expanded to include indirect or consequential injuries. Gradually, the tort law expanded to include a wider range of civil wrongs including negligence, defamation and nuisance [3].
4. Principles of Tort Law
Tort Law is based on several key principles
1. Duty of care- This is the obligation to avoid acts or omissions of actsthat could forseebly harm others.
2. Breach of Duty- This is the failure to meet the standard of care which is expected and the violation of the duty of care which leads to harm.
3. Causation- This is ensuring that the breach of duty directly caused the harm.
4. Damages- After the damage has been done, it is assessed and the harm or the loss suffered by the injured party is quantified.
The above mentioned principles act as a basis for determining the extent of the liability and for awarding compensation in tort cases [4].
5. Types of Torts
Torts can be broadly classified into the following types-
1. Intnetional Torts- These types of torts are the actions which are deliberately undertaken to cause harm. For example- assault, battery, and false imprisonment.
2. Negligence- Negligence occurs when there is a failure to exercise care in a reasonable manner which leads to unintentional harm. For example- Medical malpractice or car accidents.
3. Strict Liability- When defendants are held liable for harm which they caused through their actions, regardless of their intent, it is known as strict liability. It is commonly applied in cases involving defective products or dangerous activities.
Each type of tort contains certain specific elements along with the defences which can be used. This shapes the way courts evaluate and judge claims raised in court [5].
6. Tort Law in the Indian Context
The basic structure of the tort law in India is majorly derived from English common law but it has now been adapted to fir the Indian society and its legal structure.The Indian judiciary system has played a crucial rule in the development of the tort law concepts, often interpreting them and expanding them to tackle modern-day problems.
The Indian Judicial system has been proactive in extending tort law which would address social justice and public interest issues. Significant advancements in fields like consumer protection, environmental law and human rights have resulted from this.
The Indian courts have adopted the idea of strict liability from the English law in India which is known as absolute liability. The basic idea of the concept is similar, the only difference between the two is that while strict liability has 6 defences, absolute liability does not have any provision for defences [6].
7. Comparision of Indian law with English Law
A. Similarities
Given that both Indian and English tort laws have their origins from the Englush common law, they share fundamental ideas. Both, Indian judiciary system and the English common law rely heavily on concepts such as duty of care, negligence and causation.
B. Differences
While Indian tort law shares many similarities with its English counterpart, there are notable differences-
1. Judicial Activism- Compared to their English counterparts, Indian courts have taken the initiative to extend tort law to address issues of social justice and public interest. This displays how Indian courts areproactive.
2. Codification- Certain parts of tortious liability in India are governed by specific statutes such asConsumer Protection Act, whereas the Engligh tort law is highly uncodified.
3. Public Nuisance- Public Nuisance is given more importance under the Indian legal system, this reflects the nation's obligation to address environmental challenges and collective harm.
8. Conclusion
The tort law continues to be a dynamic and developing area which is ever-changing and continuously adapting to meet the demands of the society and new problems. Its main goals are to uphold social order, defend individual rights and to offer remedies for civil wrongs. Understanding the principles and application of tort law, specifically withinthe Indian context, highlights the balance between enforcing liability against wrongdoers and guaranteeing reparatins for aggrieved parties. The law of torts will surely continue to be a fundamental component of civil justice as legal systems develop further, mirroring the shifting social norms and values. [7].
9. References
- ↑ https://www.nls.ac.in/course/torts-1-2019-20/ 1. National Law School of India University, Bengaluru- Torts last visited on 19th June 2024
- ↑ https://crsreports.congress.gov/product/pdf/IF/IF11291 2. Congressional Research Service Reports- Introduction to Tort Law Last visited on 19th June 2024
- ↑ 3. Winfield, P.H., & Jolowicz, J.A. (2010). Winfield and Jolowicz on Tort (18th ed.). Sweet & Maxwell
- ↑ 4. Winfield, P.H., & Jolowicz, J.A. (2010). Winfield and Jolowicz on Tort (18th ed.). Sweet & Maxwell
- ↑ 5. Winfield, P.H., & Jolowicz, J.A. (2010). Winfield and Jolowicz on Tort (18th ed.). Sweet & Maxwell
- ↑ 6. Ratanlal & Dhirajlal. (2019). The Law of Torts (27th ed.). LexisNexis
- ↑ 7. Winfield, P.H., & Jolowicz, J.A. (2010). Winfield and Jolowicz on Tort (18th ed.). Sweet & Maxwell