Tort Lawyers in Chandigarh

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The law of torts provides for pecuniary compensation for injuries to a __person and property, recoverable by the process of law. Swayed by the notion of security, it correlates wrongful acts to the harm which it causes and exhibits different scales of evaluation at different levels. Among various law firms in Chandigarh, B&B Associates LLP is committed to delivering impeccable and reliable services. With profound knowledge and experience in the field, our team of distinguished and experienced tort lawyers in Chandigarh ensures timely proceedings. 

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. For desired results hiring the top tort advocates in Chandigarh will be really helpful. 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 experienced tort lawyers in Chandigarh who have expertise in the domain. Believe it or not, but these matters demand quick-witted and skilled tort lawyers due to the unavailability of the preponderance of the evidence. Therefore, make the right choice while hiring experienced and trusted tort lawyers in Chandigarh.

Laws Practiced By Tort Lawyers in Chandigarh

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. The 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, the law of tort in India derives its spirit much from the precedents of natural justice, both national and international.

Best Tort Lawyers in Chandigarh Can Easily Differentiate Between What is Tort and What is Crime

While hiring the best lawyer in Chandigarh for tort matters, make sure the attorney has profound insights into the field. Acknowledgment of the difference between crime and tort is a must. Tort differs from crime as it is redressed by compensation or damages and not by punishment or fine through the same wrong maybe a tort as well as a crime concurrently. Tort differs from breach of contract as the rights and duties arise, in the 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.

Important Principles Followed By Expert Tort Lawyers In Chandigarh

Every individual on earth is entitled to some basic human rights. And that imposes the duty on all other individuals to not harm or violate these rights in any manner. Any damage to the civil rights of the other individuals is considered a tort. The tort can either be causing physical damage or emotional one. Here the plaintiff is going to get compensation for all kinds of damage (loss, injury, harm, wages, breach of duty, etc. Our top tort lawyers in Chandigarh follow all the 10 principles of tort law.

Principle of Damnum Sine Injuria and Injuria Sine Damnum–

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.

Principle of Vicarious Liability

It is an 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:

1. Must have a relationship of some kind,
2. The wrongful act must be related to the relationship in a certain way.
3. The wrongful act must be done within the course of employment.

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.

Principle of Volenti Non-Fit Injuria

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:

1. Voluntary Agreement (express or implied)
2. Knowledge of the risk

Principle of Negligence

Negligence is when a person has some duty towards someone and commits a breach of that duty, failing to perform. This results in legal damage. In other words, the 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.

Principles of Personal Security

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:

1. Apprehension of harm
2. Intention to use force
3. Capacity to use force

BATTERY- an act of harmful, offensive and unlawful touching of a person against his will. It is an accomplished assault. There is:

1. Intention to use physical for
2. Actual physical contact

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:

1. Wilful detention
2. Detention without consent
3. Detention is unlawful

Principle of Nuisance

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:

1. PUBLIC NUISANCE: This is committed against the community at large,
2. PRIVATE NUISANCE: This is committed against an individual.

Principle of Trespass to Property

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.

Principles of Reputation and Privacy

DEFAMATION-this means publishing a false and defamatory statement about someone without any lawful justification. This action would then result in lowering the reputation in the eyes of society. Such an act should be done intentionally, either written or spoken which harms a person’s reputation. There are two types of defamation:

1. LIBEL- This is a written form of defamation, must be in a printed form like cartoons, recordings, etc.
2. SLANDER- this is an oral form of defamation, made by spoken words or gestures.

Essential elements:

1. Statement must be published
2. It must be defamatory
3. must refer to the plaintiff
4. that statement is false

Principle of Strict Liability and Absolute Liability

STRICT LIABILITY-

Sometimes a person is held responsible for doing wrong without being negligent or having any intention of that wrong. He is still held responsible for his wrong act even if he has taken the 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 liability is valid only to those people who are involved in a hazardous or inherently dangerous activity.

Position of Minors in Law of Tort

Under the tort law, a minor (below 18 years) can sue like an adult but through his parents and can also be sued like an adult 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, the 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 skilled and experienced tort lawyers in Chandigarh to effectively and efficiently pursue matters of tort.

Golden Rules

**We deject unethical and immoral practices, and reserve our rights of extending legal services only to a select clientele which exhibits civility, faith in law, sound moral footing, and good conscience. Our legal counsels defend the ones who have falsely been implicated, and prosecute for those who have actually been victimized – in either case, our counsels reserve their right of exercising discretion in accepting or rejecting a brief/ lawsuit