Law of Torts in India

The tort is the legal term for a particular form of wrongdoing, misbehaviour, or violation of one’s rights. According to civil responsibility standards, if one person’s tort causes another person to suffer personal harm, the one who committed the tort owes the victim financial recompense. Therefore, it is critical to understand tort meaning and also the different types of torts because it will assist you in determining when someone is civilly responsible for your damages. 

But before proceeding further, let’s understand few concepts first:

What is the origin of the word Tort?

The term tort comes from the Latin word “tortum”, which means “to twist.”

What is the meaning of Tort?

It encompasses activities that aren’t straight or legal but somewhat crooked or twisted.

• Tort Meaning of tort in Hindi –
• It means “Hani” in Hindi.

• Meaning of tort in English
• It means “wrong” in English.
  What is a Tort?
  A tort is defined as an act or omission that causes hurt or harm to another person and constitutes a civil wrong for which courts impose liability. In the context of torts, “injury” refers to the violation of any legal right, whereas “harm” refers to a monetary loss or disadvantage that an individual experiences. It is also important for us to understand tort law meaning. 

What is the Difference Between Torts and Criminal Law?

Tort law, in general, is concerned with damage caused by private persons. In contrast, crimes against the state are dealt with under criminal law.

In terms of redress of damage, the state has the power to seize your liberty, limit your ability to travel or work, and further restrict your rights. Tort law cannot do so, yet both tort and criminal law can impose significant financial penalties.

Furthermore, in a criminal case, the petitioner is the government. On the other hand, the petitioner in a tort lawsuit is a private party, either a person or a company.

What are Tort Cases?

Tort law refers to specific events and situations that may eventually give rise to a civil law claim. Tort suits must have the following elements:

• A person, business entity, or government body causes harm to another person or entity by an act, omission, or other action.
• That injury causes damage, for which the injured person demands recompense.

Personal injury, deliberate infliction of emotional anguish, mental distress, property damage or real property devaluation, medical expenditures, compensatory damages, or other items might all be considered harm.

Tort law is meant to return a victim to their pre-event status or as near to it as feasible. In civil wrongdoing claims, courts may also award punitive damages. Punitive damages are awarded to victims who have been the victims of egregious behaviour.

Tort law includes personal injury and other frequent areas of litigation such as medical malpractice and wrongful death.

Now, it’s time to discuss its types, so let’s begin:

What are the Types of Tort Law?

Torts can happen in a variety of ways, as you might expect. As a result, there are three primary ways for harmed people to impose guilt in a civil action:

Intentional Torts

As the name indicates, intentional torts are defined by the tortfeasor’s mental purpose. Thus, the tortfeasor engages in activities to achieve the desired result or know that the outcome is almost inevitable.

In addition to this, an intentional tort occurs when a person’s actions cause a third party to suffer injury or lose money.

Few Examples of Intentional Torts

• Assault
• Battery
• False imprisonment
• Sexual assault
• Fraud
• Burglary
• Homicide

Strict Liability

A lawsuit based on ordinary negligence requires you, the plaintiff, to demonstrate that someone else violated a duty of care and caused your injuries. However, if you can show strict responsibility in your instance, you may not need to prove negligence to get compensation.

In some cases, the legal principle of strict liability maintains that someone will be financially liable for damages even though they were not negligent.

Certain aspects of the law allow for strict liability arguments.

Few Examples of Strict Liability Torts

• Product liability
• Dangerous activities/assumptions of risk
• Dog bite claims (in some states)

Negligence

Negligence is defined as a person’s behaviour that falls below a reasonable level of care and causes injury to another person. To summarise, while engaging with others, an individual has a responsibility to act appropriately. When a person fails to act appropriately and causes harm to others, that person is negligent.

Few Examples of Negligence Torts

• Auto accidents
• Premises liability
• Slip and falls
• Pedestrian accidents
• Medical malpractice
• Truck accidents

What are the remedies of Tort Law?

Various remedies will be available depending on the type and severity of the tort case. In tort law, there are three options for redress:

• Legal remedies
• Restitutionary remedies
• Equitable remedies

Final Words –

Now, we are at the end of this article, and we hope you will find this piece of writing helpful, as we tried our best to cover all the necessary points about Tort law. However, please let us know your suggestions in the comment section below if we missed something.