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 wrong doing. 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.
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, law of torts is uncodified and is still in the process of development.
Tort differs from crime as it is redressed by compensation or damages and not by punishment or fine though 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 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 law of torts: duty, breach of duty, causation, and injury. In order to claim damages, there must be a breach in 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.
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 district level. We, at B&B Associates have the best advocates in Chandigarh to effectively and efficiently pursue such civil matters.
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