Home›Blogs›AILET

Learn All About The Law of Tort

Aditya Anand 12 May 2020 3 min read
Law Of Tort
Law of torts is a system of laws which enables a person who has suffered harm or injury by the acts of another to claim damages in a civil suit. The law of torts in India is based on English Common Law which is the product of judicial decisions. An action of tort is a claim pecuniary compensation in respect of damage suffered as the result of an invasion of a legally protected interest.
The law of torts exists for the purpose of preventing men from hurting another whether in respect of their property, their persons, the reputations or anything else which is theirs.
There is no precise definition of ‘tort’ as it an evolving law therefore it cannot be circumscribed within particular words. The French word ‘tort’ has been derived from the Latin word ‘tortum’ which means ‘to twist’ i.e. which is unlawful or crooked. It is equivalent to the English term ‘wrong’, the Roman term ‘delict’ and the Sanskrit word ‘Jimha’. It literally means ‘breach of duty leading to damage’.
According to the eminent jurist Winfield, “Tortuous liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages”. Salmond defined Torts as “It is a civil wrong for which the remedy is common law action for unliquidated damages and which is not exclusively the breach of the contract or the breach of the trust or other merely equitable obligation”.
According to section 2(m) of the Limitation Act 1963, ‘Tort means a civil wrong which is not exclusively a breach of contract or breach of trust’. In the case of a civil wrong the injured party (Plaintiff) institutes, a civil proceeding against the wrongdoer (Defendant) and the main remedy is damages or compensation. In the case of a criminal wrong, the criminal proceedings against the accused are brought by the State and the victim is not compensated but the wrongdoer is punished.
The nature of tort can be best understood by distinguishing it with crime and other civil laws.

Tort and Crime

Tort and Contract

Tort and Breach of Trust

Trust is a matter of confidence; it is merely an equitable wrong. In case of a ‘breach of trust’ by a trustee, the beneficiary can claim compensation which depends upon the loss that the trust property has suffered. Therefore the damages in case of breach of trust is liquidated i.e. they are ascertainable. In case of a tort the damages are unliquidated i.e. they are decided by the court.

Disability to sue and to be sued in India for the wrong of Tort

Ordinarily, all persons are entitled to sue in tort. But there are certain exceptions to this rule viz. a bankrupt, a corporation and a child in the womb. A convict in India, unlike England, may sue and a bankrupt may sue for personal wrongs. A corporation can sue for a libel affecting its property and business. An infant can sue for tort.
There are certain persons who cannot be sued viz. foreign sovereigns and ambassadors, public officials and the State. However the public officials for their private acts can be sued. Similarly the State can be sued for non-sovereign functions. An infant is in general liable for his torts in the same manner as an adult however, where intention, knowledge or malice is an essential ingredient of liability, infancy can be a defence. Similarly a lunatic or drunkard can be made liable. In India a husband is not liable for the torts of his wife.
Join our WhatsApp channel Daily CLAT PG updates & discussion Join now → Join our Telegram channel Notes, PYQs & exam alerts Join now →