Table of contents | |
What is a Tort? | |
Some Important Definitions of Tort | |
Wrong | |
Objective of Torts | |
Nature of Torts | |
Essentials of a Tort |
Section 2(m) of the Limitation Act,1963, Addresses tort as being a civil wrong which is not just exclusively a breach of contract or a breach of trust.
Three primary categories of torts
Example: Violation of a duty to injure someone else's reputation results in the tort of defamation, violation of a duty not to interfere with the possession of the land of another person result in the tort of trespass etc.
While no specific definition of tort has been possible which could be unanimously agreed by all the thinkers, certain attempts to define tort have been made, and will be listed below:
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Introduction and Definition of Law of Tort
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Following two conditions should be satisfied to constitute a tort:
- A “wrongful act”
- Such wrongful act should result in “legal damage”
As per the Law of Torts, in order to make a person liable for a tort, 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. This implies that the person must have engaged in doing either a positive wrongful act or made an omission which he shouldn’t have, which would have made him liable.
Table 1: Distinction between Tort and Crime.
(i) Damnum Sine Injuria (Damage without injury)
In the case of Mayor & Bradford Corporation Vs. Pickles (1895), Pickles was annoyed by the refusal of Bradford Corporation to purchase his land for their water undertaking. Out of spite, he sank a shaft on his land, which had the effect of discolouring and diminishing the water of the Corporation, which percolated through his land.
The House of Lords held that the action of Pickles was lawful and no matter how ill his motive might be, he had a right to act on his land in any manner that so pleases him.
(ii) Injuria Sine Damnum (Injury without damage)
Ashby vs White(1703) is a leading case explaining the maxim, injuria sine damnum.
- In this case: A was wrongfully prevented by the returning officer from exercising his vote at a parliamentary election. No loss was suffered by A because the candidate for whom he wanted to vote got elected by a huge margin.
- A would have recovered damages on the ground that his legal right to vote was violated by the returning officer.
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1. What is a Tort? |
2. What are some important definitions of Tort? |
3. What is the objective of Torts? |
4. What is the nature of Torts? |
5. What are the essentials of a Tort? |
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