brief me about TORT
K muthukumaran
(Querist) 30 August 2009
This query is : Resolved
Please breif me about Law of TORT
Kiran Kumar
(Expert) 30 August 2009
Mr. Kumaran
Law of Torts is a subject which is being taught to every law student.
better u move some specific query as per facts of the case.
not possible to give briefing in the expert section....with due respect no expert is here to breif any one....pls put a specific query.
A V Vishal
(Expert) 30 August 2009
Tort is a legal term in common law jurisdictions that means a civil wrong, and can be a criminal wrong , that is recognized by law as grounds for a lawsuit. Its equivalent in civil law jurisdictions is delict. It is part of the law of obligations but unlike voluntarily assumed obligations on the parties created through a contract, the duties imposed under tort law are mandatory for all citizens in that jurisdiction.. To behave 'tortuously' is to harm another's body, property, or legal rights, or to breach a duty owed under statutory law.
Torts are civil wrongs resulting in personal injury or harm that constitutes grounds for a lawsuit. Thus, tort law addresses conflicts between private individuals or entities (e.g. pharmaceutical company) and ultimately serves a two fold purpose:
1. To ensure that the injured or aggrieved party receives compensation for their damages, and,
2. To deter others from committing the same or similar harms.
Essentially, tort law is the type of law that governs personal injury claims.
Under the Hindu law and the Muslim law tort had a much narrower conception than the tort of the English law. The punishment of crimes in these systems occupied a more prominent place than compensation for wrongs. The law of torts in India is mainly the English law of torts which itself is based on the principles of the common law of England. This was made suitable to the Indian conditions appeasing to the principles of justice, equity and good conscience and as amended by the Acts of the legislature. Its origin is linked with the establishment of British courts in India.
The expression justice, equity and good conscience was interpreted by the Privy Council to mean the rules of English Law if found applicable to Indian Society and circumstances. The Indian courts before applying any rule of English law can see whether it is suited to the Indian society and circumstances. The application of the English law in India has therefore been a selective application. On this the Privy Council has observed that the ability of the common law to adapt itself to the differing circumstances of the countries where it has taken roots is not a weakness but one of its strengths. Further, in applying the English law on a particular point, the Indian courts are not restricted to common law. If the new rules of English statute law replacing or modifying the common law are more in consonance with justice, equity and good conscience, it is open o the courts in India to reject the outmoded rules of common law and to apply the new rules. The development in Indian law need not be on the same lines as in England. In M.C. Mehta v. Union of India, Justice Bhagwati said, “we have to evolve new principles and lay down new norms which will adequately deal with new problems which arise in a highly industrialized economy. We cannot allow our judicial thinking to be constructed by reference to the law as it prevails in England or for the matter of that in any foreign country. We are certainly prepared to receive light from whatever source it comes but we have to build our own jurisprudence.”
The law of torts is fashioned as an instrument for making people adhere to the standards of reasonable behaviour and respect the rights and interests of one another. This it does by protecting interests and by providing for situations when a person whose protected interest is violated can recover compensation for the loss suffered by him from the person who has violated the same. By interest here is meant a claim, want or desire of a human being or group of human beings seeks to satisfy, and of which, therefore, the ordering of human relations in civilized society must take account. It is however, obvious that every want or desire of a person cannot be protected nor can a person claim that whenever he suffers loss he should be compensated by the person who is the author of the loss. The law, therefore, determines what interests need protection and it al
Sarvesh Kumar Sharma Advocate
(Expert) 31 August 2009
