Law of Torts

Overview of Law of Torts

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.

Law of Torts in India

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.

Articles On Law of Torts

SECTION 339 states that “Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person”     Exception: The obstruction of a …

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In Law of Torts, Workplace Injury On August 24, 2017

 Workers’ compensation or repayment is a type of insurance/warranty giving wage and salary replacement and medical benefits/gain to employees injured in the way of employment in exchange for compulsory surrender or submission of the employee’s right to …

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In Law of Torts, Trespass On August 24, 2017

Trespass is said to be the act of crossing the limits prescribed by law. It refers to an unreasonable interference with one’s property or person arising out of a malafide intention.  Trespass is a criminal as well as civil wrong. If a person is invited …

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In Law of Torts, Nuisance On August 24, 2017

Nuisance means unlawful interference with the use or enjoyment of land of another. A Person’s any act which leads to the disruption of the right of use of property enjoyed by another constitutes nuisance. Nuisance can be in many ways unjust noise, vibr …

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In Law of Torts, Negligence On August 24, 2017

MEANING AND DEFINITION In every day usage it denotes carelessness. But in its legal interpretation the word carries two senses in the law of torts. Negligence as a mode of committing certain torts- trespass, Nuisance or defamation. It denotes mental el …

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In Law of Torts, Negligence in Torts On August 24, 2017

Overview Negligence in simple terms means carelessness of any person, which creates the harm of another person. There is a legal duty to take care of any act when it is reasonably capable of being predicted. Negligence torts are the most prevalent tort …

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In General Defences 1, Law of Torts On August 24, 2017

General Defences Daily life of an ordinary Indian is full of hassle and rush, in fulfilling these duties many a times torts are committed unknowingly or knowingly. To protect the defendant from full responsibility of the act there are several defences …

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In General Defences, Law of Torts On August 24, 2017

The general rule of criminal law is that it is the duty of the prosecution to prove the guilt of the accused beyond reasonable doubt and the benefit of doubt is given to the accused. But the burden of proving existence of circumstances bringing his cas …

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In False Imprisonment, Law of Torts On August 24, 2017

FALSE IMPRISONMENT False imprisonment is called wrongful confinement in the Indian Penal code. It is basically unlawfully restraining a person’s way in all the directions in order to prevent him from moving in a direction for some period. The period ma …

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In Assault and Battery, Law of Torts On August 24, 2017

                          ASSAULT AND BATTERY Assault: it is an act which is done with the intention of causing apprehension of imminent threat or harm in the mind of the other. Assault is the act of creating an apprehension of bodily damage or harm in …

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Landmark Judgments On Law of Torts

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