Introduction to Law of Torts DOCX

Title	Introduction to Law of Torts
Author	Harish Saxena
Pages	14
File Size	40 KB
File Type	DOCX
Total Downloads	308
Total Views	735

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Introduction to Law of Torts A tort is a civil wrong. This is basically a breach of duty imposed by law, which gives rise to a civil right of action for a remedy not exclusive to any other area of law. How the word tort came to India? It came to India through England. In 1065 England was conquered by Normans, who were the French speaking people of Normandy, a region of France. After Norman Conquest, French become the spoken language in the courts in England, and thus many technical terms in English Law owe their origin to French and tort is one of them. The word tort is based on the idea that everyone in the society is having certain rights. The purpose of this tort law is to enforce the rights and duties. Some Important definitions- Black's Law Dictionary defines a tort as – A civil wrong for which a remedy may be obtained, usually in the form of damages. Salmond's Definition- Tort is a civil wrong for which remedy is a common law action for unliquidated damages, and which is not exclusively the breach of contract, or the breach of trust, or other merely equitable obligation. Winfield's Definition- Tortious liability arises from the breach of duty primarily fixed by law. This duty is towards persons generally and it's breach is repressible by an action for an unliquidated damages. Fraser's Definition- Tort is an infringement of a right in rem (right in general) of a private individual giving a right of compensation at the suit of the injured party. Limitations Act, 1963- According to this act, tort is a civil wrong which is not exclusively a breach of contract or breach of trust. Essentials of Tort – The essentials of tort are as follows- 1. There must be a wrongful act. 2. The wrongful act must result in legal damage to another person. 3. It must give rise to a right....