The origin of the word “tort” may be derived from the latin word tortum, meaning twisting out. In Law, the term tort means a wrong or injury having certain characteristics. It is redressed by an action for unliquidated damages at the instance of the person who is damaged. One of the aims of Law of Torts is to compensate the person who is injured by an act of another.
Tort owes its existence to English Common law based on the principle of “ubi remedium ibi jus” meaning where there is a remedy there is a right. In England the remedy was known as writ. With the passage of time, the law of tort evolved on the principal “ubi jus ibi remedium” meaning where there is a right there is a remedy.
Various jurists such as Fraser, Winfield, Salmond, etc., and the codified laws such as The Indian Limitation Act, 1968, have tried to define the term tort as a civil wrong, an infringement of right in rem of a private individual giving a right to compensation at the instance of an injured person.
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With the contribution of eminent jurists and evolution of time, following essential features of tort have been framed:
1. Commission of wrongful Act or omission
A person is said to have committed a wrongful act or omission when a person has committed an act or have omitted from performing a particular act which results in causing a legal damage to a particular person
2. Legal remedy
A legal remedy accrues to a person when he is injured of an action of omission of an action of another person.
3. Legal Damages
When a legal remedy is available, then a person so aggrieved by such act or omission can seek damages from such a guilty person for the harm caused to him. Legal damages can easily be understood from the following maxims:
a. Injuria sine damnum
The maxim means violation of a legal right in the absence of any loss or injury which could be compensated in terms of money. For example in the famous case of Bhim Singh vs State of J&K, the fundamental right of personal liberty was violated when he was wrongfully detained by the police. Although no monetary harm was caused to the petitioner, however, the fundamental right was violated and accordingly the petitioner was awarded damages to the tune of Rs. 50,000/- as compensation.
b. Damnum sine injuria:
The maxim means presence of an injury with an absence of any legal right to it. Such types of injuries are non-actionable torts.
In India, the position of law of tort is limited to the extent of compensating a victim of a civil wrongdoings against a person. Civil wrong doings may also include constitutional wrongs such as violation of fundamental rights, abuse of powers of police personnel by causing custodial deaths, fake encounters, etc., besides civil wrongs done to a person or property. All of the wrongdoings are corrected by compensating a victim. A person deprived of constitutional wrongs can approach the Hon’ble High Court under article 226 of the Indian Constitution or to Hon’ble Supreme Court under article 32 of Hon’ble Supreme Court of India with the assistance of a seasoned advocate.
The Firm’s Noida Law Office takes up Tortious matters before
The Firm’s Noida Law Office takes up the following Tortious matters
Step 1 – Explain your matter by filling the form above and wait for a revert.
Step 2 – Based on the revert, take an appointment.
Step 3 – Show up on the given time along with documents for examination.
Step 4 – Discuss the matter at length, know the available recourses and tentative expense of time, money and energy.
**We deject un-ethical 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
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Mon – Fri: 10:00am to 6:00pm
Saturday & Sunday: on prior and special request, depending on availability.
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The following offences are dealt with the by the finest brains of B&B Associates Noida branch:
Besides the above mentioned offences/wrongs, we cater many other needs of litigants who have been either a victim of the wrongs or have been falsely implicated of wrongdoings.
Under the Indian Law there are general defenses available which are:
There are other defenses available under the ambit of law. For more information contact the seasoned advocates of B&B Associates LLP.
Although the law of tort touches various aspects of criminal law, however, the nature of the law of Tort is different than that of Criminal Law. The Law of Tort is based on the principle of compensation, whereas the criminal law is focused on the principle of punitive measure. Under Law of Torts, the aggrieved person is the plaintiff i.e. a person who has suffered a loss and the proceedings are initiated at the instance of an individual, on the contrary, under criminal law, it is the state as a whole is an aggrieved party and the proceedings are initiated at the instance of the state and not the victim.
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