The law of torts provides for pecuniary compensation for injuries to person and property, recoverable by the process of law. Swayed by the notion of security, it co-relates wrongful act to the harm which it causes and exhibits different scales of evaluation at different levels. Some kinds of harm call for liability independent of one’s fault. On the other hand, other kinds create liability only for intentional and negligent wrongdoing. Ordinarily, it tries to shift the loss from the ‘victim’ to the person who inflicted it on him, but at times, it looks for a third party only to shoulder liability, like social insurance for wrongs which are inevitable incidents of modern social living, like accidents on roads and in industrial establishments etc. In order to proceed with tort claims, one requires the assistance of the best tort lawyers in Chandigarh who have an expertise in the domain.
Any act of omission or commission which causes damage to the legally protected interest of an individual shall be considered to be a tort, the remedy for which is an action for unliquidated damages. Tort is generally a breach of duty. In India, the law of torts is uncodified and is still in the process of development. In the meantime, law of tort in India derives its spirit much from the precedents of natural justice, both national and international.
Tort differs from crime as it is redressed by compensation or damages and not by punishment or fine through the same wrong may be a tort as well as a crime concurrently. Tort differs from breach of contract as the rights and duties arise, in case of a contract, from the agreement and are enforceable against the parties concerned. Breach of contract may be redressed by liquidated damages. A tort, on the other hand, arises from a duty imposed on persons in general and is redressible by a suit for unliquidated damages.There are four elements to the law of torts: duty, breach of duty, causation, and injury. In order to claim damages, there must be a breach of the duty of the defendants towards the plaintiff, which results in an injury. Three main types of torts are negligence, strict liability, and intentional torts.
Damnum sine injuria which means damage without legal injury. This means that the plaintiff needs to prove he has sustained a legal injury in order to make someone liable in tort. Without an infringement of the legal right, no action lies in against the defendant.
Injuria sine damnum means legal injury without any damage. This means that there is an infringement of the legal rights but no actual loss has taken place. Right to sue is available against the wrongdoer irrespective of the fact whether any actual loss is sustained or not.
It is established fact that every person is responsible for his own act of omission and commission but, sometimes a person can be made liable for the actions of others. This is known as vicarious liability. Essential elements are:
Lability of the master for the act of his servant during the course of the employment is based on the principle of “respondent superior” whereby a person is responsible for the act of his subordinate and if he does an act through his servant then he deemed to be liable himself. Same principles are followed in the principal-agent relationship.
This maxim means “to one who volunteers, no harm is done”. This further means that if a person after knowing all the risks and the facts of a circumstance, willingly and voluntarily consents, then later cannot ask for compensation for the resulted injury. Law of torts uses this as a defense and saving the defendant from all kinds of liability. Essentials:
Negligence is when a person has some duty towards someone and commits a breach of that duty, failing to perform. This results in a legal damage. In other words, a tort of negligence is committed when due to the irresponsibility of one person, another person is injured. The tort of negligence is based on the principle of ‘Reasonable foreseeability’ which means before or at the time of doing the act, if a person can reasonably foresee that due to his act damage has been caused to another person and he still continues to do so, he is said to have committed a tort of negligence.
ASSAULT- An act that creates a reasonable apprehension in the mind of a person about a physical threat or harm accompanied by the capacity to do so. There is:
BATTERY- an act of harmful, offensive and unlawful touching of a person against his will. It is an accomplished assault. There is:
FALSE IMPRISONMENT- This means intentionally restricting/ imprisoning a person by someone who does not have a legal authority to do so. Arresting a person without any legal warrant and authority. There is:
Nuisance means ‘to hurt’ or ‘to annoy’. Any unlawful interference with a person’s interest in land or some rights results in nuisance. Remedies: Damages, Injunction, Abatement. There are two types of nuisance:
This refers to an unjustifiable physical encroachment of land of one person by another. If any person enters the land of another person without permission or remains upon that land or places an object on that land, he is said to have committed the tort of trespass to land. Remedies: Damages, Injunction.
DEFAMATION-this means publishing false and defamatory statement about someone without any lawful justification. This action would then result in lowering the reputation in the eyes of the society. Such an act should be done intentionally, either written or spoken which harms a person’s reputation. There are two types of defamation:
STRICT LIABILITY- sometimes a person is held responsible for doing wrong without he being negligent or having any intention of that wrong. He is still held responsible for his wrong act even if he has taken necessary steps to prevent that act. This is the principle of strict liability. ABSOLUTE LIABILITY- It is a no-fault theory liability i.e. a wrongdoer is considered absolutely liable for the act of omission or commission. Such a liability is valid only to those people who are involved in a hazardous or inherently dangerous activity.
Under the tort law, a minor (below 18 years) can sue like an adult but through his parents and can also be sued like adults if they are old enough to form an intention.
We do not have a codified, specific law related to torts in India. In the absence of which, Specific Relief Act 1963 takes care of civil wrongs and suitable reliefs of injunctions, specific performance of contracts, cancellation of contracts etc. are secured under the same through a civil suit in the appropriate forum at the district level. We, at B&B Associates, have the best tort lawyers in Chandigarh to effectively and efficiently pursue matters of tort.
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