Law of Torts: Understanding Civil Wrongs

Definition of Tort

Section 2 (m) of the Limitation Act of 1963 "Torts means a civil wrong which is not exclusively the breach of a contract or the breach of a trust".

Essential of Tort

1. Wrongful of Act.
2. Legal Injury.
3. Legal Remedies.

Diffencnce - Tort and Crime

1.Tort

1. Civil Wrong.
2. Unliquidated Danger.
3. Minor.
4. Individual.

2.Crime

1. Public Wrong.
2. Punishment.
3. Helious.
4. Public at Large.

General Deffnces

1. Planitiff the Wrongdoer.
2. Statutory Authority.
3. Volenti Non Fit Injuria.
4. Mistake.
5. Act of God.
6. Invitable Accident.
7. Private Defence.
8. Necessity.

1. Statutory Authority

If an act is authorized by any act ( Law made by the parliament) then it is not actionable even if it would consistute a tort.

It is a complete defence and the injured party has no remedy except for claiming compensation as may have been provided by the statue.

Remember - The Power must be exercised with caution to aviod uncecessary damage.

2. Inevatible Accident

An invevitable accident is one that was not intended ,and which under all the circumstance, could not have been forseen or reasonable precautions.

Essentials 

1. Unaviodable Situation.
2. Which Could not be prevented (By ordinary care or caution).

3. Volenti non fit injuria

"To one who voluntees , no harm is done" which means the plaintiff has waived his rights and now he can't complain. He has consented to suffer harm.

Volenti non fit Injuria - Essentials

Meaning - When the Sufferer is willing no injury is done.

4. Necessity

Act + Causing Damage + Done under necessity + Prevent greater harm +Immone

Cope V. Sharpe

The defendant entered the plantiff's premises to stop the spread of fire in the adjoining land. Where the defendant's master had the shooting rigths. Since the defendant's act was to prevent greater harm so he was held not liable trepass.

5. Private Defence

Meaning- It is a defence that allows a persons to use reasonable force.

1. To Proctect themselves or other from harm.
2. Presence of imminent danger.
3. Proportionate Force.

6. Plaintiff and Wrong- Doer

A Preson cannot bring legal action because of their own wrongdoing.

Maxem - Ex- The plaintiff will not be allowed to claim Damages.

7. Act to God

Vis major is Latin term which mean superior force .So for the application of this defence there should be an extraordinary occurrence due to natural forces which cannot be anticipated or which could not be prevent with reasonable. Act to God is extraordinary occurrence of circumstance, which could not have been forseen , guarded against or more accurately as accident and exclusively without human intervatinition and which not have avoided it must not rise from act of man.

8. Mistake

When one commits an errors in understanding or understawrongly.

Both mistake of Law and Fact is not applicable in Tort.

1. Mistake of Fact.
2. Mistake of Law.

Torts Division

Kinds of Torts by Person.

1. Intentional Torts

1. Form Intentional Act.

2. Negligent Torts

1. From Carelessness.

3 Strict Liability Torts

1. From Duty not to injuria.

Strict Liability 

Meaning- Strict Liability is a Legal concept where a person or entity is held responsible for their action or products without the needs to prove fault negligence . In strict liability cases, the focus is on the outcome of the actions rather than the this means that if harm or damage occurs , the party can be held liable regardle their intention or level of caution exercised.

Criteria for Strict Liability

1. Abnormal .
2. Dangerous.
3. Activity.
4. Risk.
5. Person .
6. Property.
7. Reasonable.
8. Care.
9. Cannot.
10. Remove.
11. Not .
12. Commonly.
13. Done.
14. Inapporiate.

Essentials of Strict Liability

1. Dangerous Thing Brought.
2. Non-Natural of Land.
3. Escape of That Thing.

Essentials of Absolute Liability

1. Enterprise.
2. Hardous Activity.
3. Escape not Necessary.

Conclusion

In conclusion, the Law of Torts plays a vital role in protecting the rights of individuals and providing remedies for civil wrongs. It promotes justice by ensuring that those who suffer harm due to the actions or negligence of others can seek compensation. The principles of tort law help maintain social responsibility, prevent wrongful conduct, and contribute to a fair and orderly society. Therefore, the Law of Torts remains an essential part of the legal system in safeguarding individual interests and upholding justice.