Law of Torts meaning nature and definition
Law of Torts Notes in Pdf – Free Download Meaning nature and definition of torts
Law of Torts meaning nature and definition
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Law of Torts meaning nature and definition
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Law of Torts meaning nature and definition
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Meaning nature and definition of tort
This subject is designed to impart fundamental knowledge on Law of Torts , its meaning, nature and definition by various Jurists.
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Law of Torts meaning nature and definition
Law of Torts- Meaning and definition
Meaning, nature and definition of Tort.
Law of Torts- Meaning and definition of TortClick on the above You tube icon for the Hindi explanation of the above topic.
What is a Tort ?
Introduction
The word tort has been derived 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.
It consists of the various ‘torts’ or wrongful acts whereby the wrongdoer violates some legal rights vested on the other person.
It is a breach of duty which amounts to civil wrong. The law imposes a duty to respect the legal rights vested in the members of the society and a person making a breach of that duty is said to be doing the wrongful act.
Section 2(m) of the Limitation Act, 1963 says “Tort means a civil wrong which is not just exclusively a breach of contract or breach of trust.
Definition by various Jurists
According to Sir JohnSalmond: “It is a civil wrong for which the remedy is common law action for unliquidated damages and which is not exclusively the breach of a contract or a breach of trust or other by merely equitable obligation.”
According to Sir Winfield: “Tortious liability arises from the breach of duty primarily fixed by the law : this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.”
According to Sir Fraser: “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”.
Nature and objective of tort
The basic idea which comes to our mind after reading this definition is that:
Firstly, tort is a civil wrong , and secondly , every civil wrong is not a tort.
For example, violation of a duty not to injure the reputation of someone else results in the tort of defemation : violation of duty not to interfere with the possession of land of another person results in the tort of trespass of land: and, the violation of a duty not to defraud another results in the tort of deceit.
Objectives:
1) To determine the rights between the parties.
2) To protect the rights of individuals recognized by law.
3) To protect one’s property and return to the original possession or owner.
Law of Torts meaning nature and definition
Essential Elements of Tort
Essential elements of tort
1. Act or omission
2. Legal damages
Wrongful act or omission
The first essential ingredient in constituting a tort is that a person must have committed a wrongful act or omission that is, he must have done some act which he was not expected to do, or, he must have omitted to do something which he was supposed to do. The wrongful act or a wrongful omission must be one recognized by law. If there is a mere moral or social wrong, there cannot be a liability for the same.
For example, if somebody fails to help a starving man or save a drowning child. But, where legal duty to perform is involved and the same is not performed it would amount to wrongful act.
Legal Damage
The second important ingredient in constituting a tort is legal damage. In order to prove an action for tort, the plaintiff has to prove that there was a wrongful act, an act or omission which caused breach of a legal duty or the violation of a legal right vested in the plaintiff.The maxim expresses this,
“Injuria sine damnun ‘Injuria’ refers to infringement of a legal right and the term ‘damnum’ means substantial harm, loss or damage.
Injuria Sine Damno
This maxim means infringement or violation of a legal private right of a person even if there is no actual loss or damage. In such a case the person whose right is infringed has a good cause of action. He doesn’t need to prove any special damage. The infringement of private rights is actionable per se.In Ashby v. White, the plaintiff was a qualified voter at a Parliamentary election, but
the defendant, a returning officer, wrongfully refused to take plaintiffs vote. No loss was suffered by such refusal because the candidate for whom he wanted to vote won the election. Plaintiff succeeded in his action.Lord Holt, C.J., observed as follows,
“If the plaintiff has a right he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it, and indeed it is a vain thing to imagine a right without a remedy, for want of right and want of remedy are reciprocal”
“Every injury imports a damage, though it does not cost a party one penny and it is impossible to prove the contrary, for the damage is not merely pecuniary, but an injury imports a damage, when a man is thereby hindered of his right. As in an action for slanderous words, though a man does not lose a penny by reason of the speaking of them, yet he shall have an action.
So, if a man gives another a cuff on his car, though it costs him nothing, not so much as a little diachylon (plaster), yet he shall have his action. So, a man shall have an action against another for riding over his ground, though it does him no damage, for it is an invasion of the property and the other has no right to come there.”
Damnum sine injuria
Damnum sine injuria means an actual and substantial loss without infringement of any legal right. In such a case no action lies. There are many harms of which loss takes no account and mere loss of money’s worth does not by itself constitute a legal damage.
Gloucester Grammer School Case, Held. The defendant, a schoolmaster, set up a rival school to that of the plaintiff. Because of the competition, the plaintiff had to reduce their fees. Held, the plaintiff had no remedy for the loss suffered by them. Hanker J. said “Damnum may be absque injuria as if I have a mill and my neighbour builds another mill whereby the profits of my mill is diminished… but if a miller disturbs the water from going to my mill, or does any nuisance of the like sort, I shall have such action as the law gives”.
Law of Torts meaning nature and definition
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