Law of Torts – Meaning, Definition, Significance

Law of Torts – Meaning, Definition, Significant

Introduction and Meaning of Tort

A tort is not a crime. It is a civil wrong.

What is the origin and meaning of the word Tort?
The word tort is derived from the Latin word tortum which means to twist. It, therefore, includes those acts which are not straight or lawful but are crooked or twisted. In English, it means wrong.

Strict Liability

• Product liability: Product liability deals with cases of harm or injury caused by defective products made available to the public by manufacturers, suppliers, or retailers.
• Owning wild animals: Owners of wild animals will be held liable should any of the animals escape and injure another individual.
• Exceptionally dangerous activities: For instance, a truck carrying volatile chemicals or hazardous materials can be liable for any harm caused from a spill or explosion.

TORT LAW REMEDIES

Depending on the nature and severity of the tort case, different remedies will apply. There are three types of remedies in tort law:

1. Legal remedies: Meant to compensate victims for any damages, losses, injuries, or pain and suffering caused by the tort.
2. Restitutionary remedies: The aim of this type of remedy is both to restore the victim to the state they were in prior to the tort incident and to ensure the defendant forfeits any unlawfully obtained gains.
3. Equitable remedies: Where monetary compensation may not adequately address the impacts of the tort, a judge may impose equitable remedies. These can include a temporary restraining order or an injunction that prohibits the defendant from any unlawful activity.

Characteristics / Significance of tort

A tort is a civil wrong: One must be aware that there are two types of wrongs: Civil and Criminal wrong. Tort comes under the purview of civil law and its wrong is known as a civil wrong. The distinction becomes important because unlike in criminal law there is no punishment in civil laws and matter is to be sued by a person himself and is not sued by the state further the compensation is granted in for of unliquidated damages which is not the case in criminal law.

A tort is an infringement of a right in rem: There are two types of rights, Right in rem and right in persona. While the right in rem is available against the whole world whereas right in persona is available against any particular individual.

Such as when a person contracts with another person and one of the parties has breached that contract, then the person of whose contract has been breached can only sue the person who has breached the contract. This is known as Right in persona i.e. one can sue to one whom he has contracted.

On the other side, every person has the right to the enjoyment of his own property and any person who has violated or infringed he will be sued and liable to pay the compensation in the form of unliquidated damages. This is known as right in rem which is available against the whole world. This way the tort law in right in rem and is available against the whole world. There is no need for any pre-existing relation, the only requirement is the existence of right and that right has been breached by a person.

Right in rem is not specific to any particular individual, which is the beauty of the Law of Torts, one can sue a person who has breached a right with no relation at all.

Torts deal with cases related to legal rights: It is fair enough that tort deals with an only violation which is in relation to breach of a legal right. Though a person may economic or social loss but if it hadn’t breached any legal person won’t have any recourse in court under tort law. Covered under this characteristic there are two famous cases elaborating the topic. The first of this is Gloucester Grammar School case, in this case the defendant has opened a school in front of already established school which resulted in a decrease in the revenue of already established school, but the already established school have no recourse under Law of torts though there has been economic loss to the established school but there is no violation of any legal right, hence cannot be held liable under torts law, the following case is adequate representation of Maxim Damnum Sine Injuria where there is damage to the party but no legal injury has been done which means no violation of any legal right, hence damage or loss without any legal loss. Thus, the court will not be able to take any action against it.