BASICS
OF LAW OF TORTS
Tort comes from the Latin word tortum, meaning "wrong." When someone has done some wrong to you, you can seek justice (in the form of compensation) by taking them to court. Tortum itself comes from tortus (Latin word) meaning "twisted."
Tort means conduct which is twisted or wrong. Whenever a person behaves in a manner that infringes the rights of another person, his conduct amounts to a tort.
A tort consists of some act or omission done by the
defendant (tortfeasor) whereby he has without just cause or excuse caused some
harm to plaintiff. To constitute a tort, there must be:
i.
a wrongful act or omission of the defendant;
ii.
the wrongful act must result in causing legal
damage to another; and
iii.
the wrongful act must be of such a nature as
to give rise to a legal remedy.
Tortious
Liabilities are of three types-
i.
Strict or Absolute Liability,
ii.
Vicarious Liability and
iii.
Vicarious Liability of the State.
An action for damages lies in the following kinds of wrongs
which are styled as injuries to the person of an individual:
a. Battery
b. Assault
c. Bodily harm
d. False imprisonment
e. Malicious
prosecution
f. Nervous
shock
g. Defamation
Remedies in tort are of two type judicial remedies and
extra judicial remedies. Three types of judicial remedies are available to the
plaintiff in an action for torts are:
i.
Damages,
ii.
Injunction, and
iii.
Specific Restitution of Property.
Extra judicial
remedies are:
i. Self
Defense,
ii. Prevention
of Trespass,
iii. Re-entry
on Land,
iv. Re-
caption of Goods,
v. Abatement
of Nuisance and
vi. Distress
Damage Feasant.
Law of Torts relies solely on judge made law for its development.
Tortfeasor' or the Defendant - The person who is responsible for that injury is called the 'tortfeasor' or the 'defendant'.
i.
Wrongful act or omission by the defendant.
ii.
Such wrongful act or omission interferes with the legal rights of the plaintiff, i.e.
legal injury to the plaintiff.
iii.
Legal remedy of damages (compensation) is
available to the plaintiff.
vi. Tort is fundamentally different from breach of contract. A claim in tort arises from breach of a duty which a person owes to another, without any agreement between them. Thus, tort means violation of a 'right in rem' i.e. right vested in a person and available against the whole world.