What is TORT?
In Latin term ‘TORTUM’, mean, “to twist”. In English it means ‘wrong’.
Tort mean the breach of a duty primarily fixed by the law, where the duty is one towards persons generally and its breach results by an action for damages.
Tort is a civil wrong.
Tort law comes mainly from the common law (judge-made law).
Tort is a civil law matter; interests of the particular individuals are involved.
What is civil wrong?
Civil wrong is a wrong against an individual, which is redress by an action for unliquidated damages.
But not every civil wrong is a tort such as a breach of contract and breach of trust.
What are Unliquidated damages?
Unliquidated damages are those damages in which monetary value is not pre-determined.
What are liquidated damages?
Liquidated damages are those damages which are pre-set by parties in a contract, to be awarded in case one party defaults for e.g. in breach of contract.
When does tort occurs?
A tort occurs when someone deliberately or through carelessness causes harm or loss to another person or his property.
The main purpose of the tort law is for the wrongdoer to compensate (Pay Back) the person who suffered a loss or injury, not to punish the person who is responsible.
The wrongdoer must repay the injured person. This usually means paying a sum of money.
In torts, the parties involved are strangers according to the law. The only reason they are brought together is the misfortune, which resulted in the tort action.
Who is tortfeasor?
Tortfeasor is the person who commits tort i.e. one who violets legal rights of other person.
Here violation of legal rights means breach of duty recognized under the law of torts.
If tortfeasor is found to be at fault, he/she would have to pay for any loss or injury. This payment is called “damages”.
Who is Plaintiff/Complainant?
Plaintiff is the person who files the plaint.
The plaintiff is the one whose legal rights have been violated.
He/she is the person who goes to the court foe seeking remedy.
Who is defendant?
He/she is the one against whom the plaint has been brought i.e. the person who is accused of violating legal rights of plaintiff.
The defendant is the person who fails to perform his/her legal duty, which he/she owes towards plaintiff.
He is the one who denies the accusation of the plaintiff.
What is the difference between civil and criminal wrong?
The wrongs, which are comparatively less serious are considered to be private wrongs and have been labelled as civil wrongs, whereas more serious wrongs have been considered to be public wrongs and are known as crimes.
In the case of a criminal wrong, the criminal proceedings against the accused are brought by the state whereas in case of a civil proceedings against the wrong doer are brought by the sufferer himself.
Generally, when the wrong is a serious one as it affects public at large is termed as crime whereas civil wrongs are less serious one as it is wrong against private rights.
Example: -If a person causes an obstruction outside a residential building, as the wrong affects only the residents of the building, it would be considered as a sort of private nuisance. If, however, a similar obstruction is caused in the middle of a public road it would amount to the offence of a public nuisance stated in sec. 268, I.P.C.
What do we means by damages?
Damages are compensations payable to the sufferer by the wrongdoer for the injuries he caused to the plaintiff by violating his legal rights.
Example: - If the reputation of a person has been injured the original position cannot be restored back. The only thing, which can be done in such a case, is to see what money equivalent to the harm by the defamation and the sum so arrived at has to be paid by the defendant to the plaintiff.
What are different types of damages awarded to injured party?
Special Damages,
General Damages,
Exemplary/Punitive Damages,
Future/Prospective Damages,
Nominal/Substantial damages,
Incidental Damages,
Liquidated Damages,
Unliquidated Damages.
Does guilty mind play important role in wrongs committed in torts?
The answer is NO. in law of torts there is no general rule that one must have a guilty mind while committing wrongful act to be held liable in the law of torts. But certain torts like assault, false imprisonment, malicious prosecution and conspiracy etc. mental condition is relevant whereas in torts of trespass, nuisance, defamation etc. mental condition is totally irrelevant.
What do we mean by act done maliciously?
When someone does an act with a feeling of ill or vengeance or evil intention then the act said to be done maliciously.
Does malice plays any role in tort law?
In the law of torts as a general rule, the presence or absence of malice does not affect the liability of the defendant. If an act is legal, the mere fact that it was done maliciously will not make it illegal or tortuous.
Example: - if the income tax department raids your house and the department can show that there was good reason to raid it, then to the fact that the raid was prompted solely by the ill will of an officer in the raid won’t make any difference.
What is the difference between motive and intention?
The difference is that intention is whether the act was deliberate or not and motive deals with why the intended or unintended act was done.
In tort law, intention makes a difference in some torts while malice makes a difference in very rare torts.
In Latin term ‘TORTUM’, mean, “to twist”. In English it means ‘wrong’.
Tort mean the breach of a duty primarily fixed by the law, where the duty is one towards persons generally and its breach results by an action for damages.
Tort is a civil wrong.
Tort law comes mainly from the common law (judge-made law).
Tort is a civil law matter; interests of the particular individuals are involved.
What is civil wrong?
Civil wrong is a wrong against an individual, which is redress by an action for unliquidated damages.
But not every civil wrong is a tort such as a breach of contract and breach of trust.
What are Unliquidated damages?
Unliquidated damages are those damages in which monetary value is not pre-determined.
What are liquidated damages?
Liquidated damages are those damages which are pre-set by parties in a contract, to be awarded in case one party defaults for e.g. in breach of contract.
When does tort occurs?
A tort occurs when someone deliberately or through carelessness causes harm or loss to another person or his property.
The main purpose of the tort law is for the wrongdoer to compensate (Pay Back) the person who suffered a loss or injury, not to punish the person who is responsible.
The wrongdoer must repay the injured person. This usually means paying a sum of money.
In torts, the parties involved are strangers according to the law. The only reason they are brought together is the misfortune, which resulted in the tort action.
Who is tortfeasor?
Tortfeasor is the person who commits tort i.e. one who violets legal rights of other person.
Here violation of legal rights means breach of duty recognized under the law of torts.
If tortfeasor is found to be at fault, he/she would have to pay for any loss or injury. This payment is called “damages”.
Who is Plaintiff/Complainant?
Plaintiff is the person who files the plaint.
The plaintiff is the one whose legal rights have been violated.
He/she is the person who goes to the court foe seeking remedy.
Who is defendant?
He/she is the one against whom the plaint has been brought i.e. the person who is accused of violating legal rights of plaintiff.
The defendant is the person who fails to perform his/her legal duty, which he/she owes towards plaintiff.
He is the one who denies the accusation of the plaintiff.
What is the difference between civil and criminal wrong?
The wrongs, which are comparatively less serious are considered to be private wrongs and have been labelled as civil wrongs, whereas more serious wrongs have been considered to be public wrongs and are known as crimes.
In the case of a criminal wrong, the criminal proceedings against the accused are brought by the state whereas in case of a civil proceedings against the wrong doer are brought by the sufferer himself.
Generally, when the wrong is a serious one as it affects public at large is termed as crime whereas civil wrongs are less serious one as it is wrong against private rights.
Example: -If a person causes an obstruction outside a residential building, as the wrong affects only the residents of the building, it would be considered as a sort of private nuisance. If, however, a similar obstruction is caused in the middle of a public road it would amount to the offence of a public nuisance stated in sec. 268, I.P.C.
What do we means by damages?
Damages are compensations payable to the sufferer by the wrongdoer for the injuries he caused to the plaintiff by violating his legal rights.
Example: - If the reputation of a person has been injured the original position cannot be restored back. The only thing, which can be done in such a case, is to see what money equivalent to the harm by the defamation and the sum so arrived at has to be paid by the defendant to the plaintiff.
What are different types of damages awarded to injured party?
Special Damages,
General Damages,
Exemplary/Punitive Damages,
Future/Prospective Damages,
Nominal/Substantial damages,
Incidental Damages,
Liquidated Damages,
Unliquidated Damages.
Does guilty mind play important role in wrongs committed in torts?
The answer is NO. in law of torts there is no general rule that one must have a guilty mind while committing wrongful act to be held liable in the law of torts. But certain torts like assault, false imprisonment, malicious prosecution and conspiracy etc. mental condition is relevant whereas in torts of trespass, nuisance, defamation etc. mental condition is totally irrelevant.
What do we mean by act done maliciously?
When someone does an act with a feeling of ill or vengeance or evil intention then the act said to be done maliciously.
Does malice plays any role in tort law?
In the law of torts as a general rule, the presence or absence of malice does not affect the liability of the defendant. If an act is legal, the mere fact that it was done maliciously will not make it illegal or tortuous.
Example: - if the income tax department raids your house and the department can show that there was good reason to raid it, then to the fact that the raid was prompted solely by the ill will of an officer in the raid won’t make any difference.
What is the difference between motive and intention?
The difference is that intention is whether the act was deliberate or not and motive deals with why the intended or unintended act was done.
In tort law, intention makes a difference in some torts while malice makes a difference in very rare torts.
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