Nature and Definition of Torts | Law Optional Notes for UPSC PDF Download

Introduction

The term "Tort" derives its origins from the Latin word "Tortum," meaning to twist. It embodies the concept of a twisted, crooked, unlawful, or wrongful act, as opposed to a straightforward, lawful action. In essence, a Tort can be defined as a civil wrong that warrants legal redress through an action for unliquidated damages, distinct from a mere breach of contract or trust. While the law of torts remains uncodified, it finds a mention in Section 2(m) of the Limitation Act, 1963.

Defining Tort: The Legal Perspective

Renowned legal scholars have articulated the definition of Tort in the following manner:

• Salmond's Definition: "Tort as a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of contract or the breach of trust or other merely equitable obligation."
• Winfield's Insight: "Tortious liability arises from the breach of a duty primarily fixed by law. This duty is towards persons generally, and its breach is repressible by an action for unliquidated damages."

Nature of a Tort: Distinguishing from Other Legal Constructs

Torts differ from various other legal constructs, such as Crimes, Contracts, and Breach of Trust, in the following ways:

Tort vs. Crime:

• Tort is an infringement of a private or civil right, causing harm to a specific individual.
• Crime is a public wrong, with the state prosecuting the wrongdoer, even though the victim is an individual.

Tort vs. Contract:

• In a contract, parties voluntarily undertake specific duties.
• In a tort, duties are imposed by law, with obligations owed to persons generally rather than specific individuals.

Tort vs. Breach of Trust:

• In tort, damages are unliquidated, making them uncertain until the legal action takes place.
• In breach of trust, damages are liquidated and ascertainable before the beneficiary initiates legal action.

Essentials of a Tort: What Constitutes a Tort?

For an act or omission to qualify as a tort, two essential elements must be present:

Act or Omission

The individual must have committed an act or omission in the performance of their legal duty. For instance, trespassing on someone's property without justification or defaming a person's reputation can lead to torts like Trespass and Defamation.

Legal Damage

To succeed in a tort claim, the plaintiff must demonstrate legal damage or injury. Without the violation of a legal right, a tort action cannot be sustained.
Legal damages fall into two categories:

• Injuria Sine Damno: This involves the violation of a legal right without causing any damage to the other party. It is actionable even in the absence of damage. For example, the case of Ashby v. White, where the defendant's wrongful refusal to accept the plaintiff's vote, despite not causing any loss, was deemed a violation of a legal right.
• Damnum Sine Injuria: This occurs when damage is caused without infringing a legal right. Mere damage, without a violation of a legal right, is not actionable. For example, the Gloucester Grammar School Case, where competition led to a reduction in fees, causing the plaintiffs financial loss but without a legal right violation.

Mental Element in Tort: Its Relevance

In criminal law, the concept of Mens Rea (a guilty mind) is a prerequisite for liability. However, in the Law of Torts, this is not uniformly applicable. Certain torts, like assault, battery, false imprisonment, deceit, malicious prosecution, and conspiracy, require the assessment of a person's state of mind to ascertain liability. In contrast, torts like negligence or defamation do not necessitate a mental element and are considered irrelevant.

Types of Damages: Remedies in Tort Law

Damages in tort law serve as monetary compensation and fall into various categories:

• Nominal Damages: These are awarded when a breach occurs, but the non-breaching party does not suffer any loss or cannot prove their loss. It serves as symbolic compensation.
• Compensatory Damages: These aim to directly compensate the non-breaching party for the value of what was not done or performed.
• Punitive Damages: Awarded to punish a defendant in civil actions, typically when their actions are willful and malicious.
• Contemptuous Damages: These signify that the plaintiff's rights were violated, but the lawsuit was of a trivial nature, thus awarding a modest amount to the plaintiff.

Conclusion

The Law of Torts imposes a duty to uphold the legal rights of society's members. Breaching this duty is considered a wrongful act and incurs penalties under this legal framework. While the Law of Torts finds extensive application in countries like the USA and Canada, India primarily relies on a portion of it, specifically the "Consumer Protection Act." Understanding the nature and definition of torts is essential in navigating the intricate legal landscape and ensuring justice for those wronged by civil violations.