Introduction to Torts

1. INTRODUCTION TO LAW OF TORTS (1)

2. The area of tort law provides a person who has been
harmed as the result of the wrongful acts of others
the opportunity to bring a civil action for the harm or
suffering caused. The person who has been injured or
sustains pecuniary damages as the result of the
wrongful act of another is referred to as the plaintiff,
and the person causing the harm or damage is
identified as the defendant or tortfeasor.
WHAT IS TORT LAW?

3. Three components must be satisfied in order for a
tort action to exist:
 The defendant had a legal duty to act in a given way
toward the plaintiff.
 The defendant breached that duty directed to the
plaintiff.
 The plaintiff suffered injury or harm as a direct result
of the defendant’s wrongful act.
 A tort action is usually instituted by a plaintiff who is
most often a person or an entity such as a business
against a defendant who is a person and/or a given
entity such as a corporation for the wrongful act
caused.

4. HISTORICAL PERSPECTIVE ON TORT LAW
 The origins of tort law are difficult to determine, and it has
been suggested that tort law was poorly defined in the
beginning
 The underlying principles of tort law appear to have
evolved from an examination of one’s moral and civil
obligations to society
 However, the concept of torts was to be different from
criminal action.

5.  A criminal breaks man-made laws, and a tortfeasor (wrongdoer)
commits acts that violate what is generally acceptable to society.
And if one caused sufficient damage, injury, or harm to another, his
or her responsibility usually involved monetary compensation to
the aggrieved party.
 The word “tort” is derived from the Latin term “tortus,”
meaning twisted or crooked. The word came to mean simply
“wrong,” and then evolved to mean a “civil wrong.
 By the twentieth century, tort law was established with
specific areas of concern and defined legal boundaries so it
would have its own unique character. It was intended not to
infringe upon such legal areas as criminal actions, breach of
contract matters, general property rights, government issues,
and a host of other legal considerations.

6. Course Outcomes-
 analyze the basic and emerging concepts under law
of torts
 identify the general and specific defences which can
be availed by the defendant
 identify the factors leading to tort of negligence and
nuisance
 examine the circumstances for the applicability of
principles like vicarious liability, strict liability and
absolute liability
 apply the provisions of Consumer Protection Act
 analyze the provisions of Motor Vehicle Act

7. COURSE TOPICS
 Torts meaning and
introduction
 General defences
 Defamation
 Negligence
 Nuisance
 Vicarious Liability
 Strict and absolute liability
 Consumer Protection Act
 Motor Vehicle Act
BEFORE MTE AFTER MTE

8. Origin of Tort Theory
 Law and civilisation co-exist. One cannot exist
without another. If one flourishes, the other one
develops too and with the decline in one, the
other suffers. So, for offences related to day-to-
day affairs, tort law was formed.
 The origin of the Law of Torts can be traced to
Roman precept alterium non- laedere. The
maxim means “not to injure another” i.e. not to
hurt anyone by deeds or words.

9. Law of Torts in England
 The English law of Torts is a branch of English
Common Law. Common Law is the precedents or
case laws which differs from the statute law or law
enacted by Acts of Parliament.
 In fact, the word tort was introduced by the French-
speaking lawyers and judges of the Courts of
Normandy and Angevin Kings of England. The law
of Torts consists of various judgements that are
derived from legal principles and statues. The acts
made by parliament cannot be tested and remains
undoubted.

10. Application of English Law of Torts in
India
 Law of Tort in India is basically English Tort law.
 The English Law of Torts has a lot of dominance on the Indian
Tort law, though the law was modified according to Indian
legislation. When the British were ruling India, they introduced
their own rules and regulations to administer justice in the country.
 As the Indian people were completely unaware of the English
Laws, the laws proved to be unfair for them and created injustice.
 The first court started by the Britishers in India were Mayors
Courts in the Presidency Towns of Calcutta, Madras and Bombay.
These courts came under the jurisdiction of English statute and
Acts which were then enforced in England.

11.  The courts established that time worked on the principle of
“justice, equity and good conscience.” The expression “justice,
equity and good conscience” was interpreted by the Privy
Council to mean rules of English Law so far as they are
applicable to Indian society and circumstances. All this stated,
that the High Courts of Bombay, Calcutta and Madras followed
Common Law of Torts and the other courts administered the
principle of justice, equity and good conscience.
 The Law of Torts in India is still uncodified ad is still based on
Common Law of England. In absence of Common Law, Indian
Courts apply the principles of justice, equity and good
conscience.

12. The Main purpose of Law of Torts in
India
 The main purpose of Law of Torts is to provide compensation to
the person who has suffered injuries. Though in modern times, the
aim is to distribute the losses among people who are in a way
connected to each other
 In both crime and torts, the common element is of violation of
general duty. The state controls serious crimes like murder,
robbery, burglary etc. In Law of Torts too, the state has control
over all the common wrongs. It is believed that harm to an
individual is equivalent to society.
 Thus, the main purpose of Law of Torts is to punish the
wrongdoer and promote peace in the society.

13. Reasons for the slow development of
Law of Torts in India
The Law of Torts is not much developed in India as compared to other
nations. Even the Indian Tort Law is not codified. There are many
reasons for the slow development of Tort Law in India, some are
listed below-
1) The law is uncertain. As the law is not codified and still in its
developing stages, it proves to be very uncertain for the people.
This is the reason why a very few numbers of cases are filed
under Tort Law in India. Also, there is a lack of precedents which
increases the ambiguity of Tort law. The precedents available
belong to English Tort law and cannot be applied to Indian Law.

14. 2 There is a lack of political consciousness among the people. The
people are not even aware of their rights due to which Tort law is
not used much in the country. This problem is because of the vast
illiteracy in India which also lead to people not going to court for
exercising their rights. A lot of importance is placed on people
performing their duties than people demanding their rights.
3 Poverty also remains an issue for the slow development of Tort
Law in India. The population in India is mostly economically
backward and as a result, they are incapable of meeting high
costs of litigation. This remains a prime reason for refraining
from filing a Tort case.
4 Furthermore, the judicial system is very expensive. The rate of
court fee and lawyers fee is very high. As a result, the poor man
decides to suffer the pain than to approach the court.
5 Most of the people think that these matters are not much
important, so they don’t feel the need to go to the courts