INTRODUCTION
• Origin of the word Tort and its meaning:
The word tort is derived from Latin word ‘tortum’, which means ‘to twist’. It basically refers to a conduct which is not upright or lawful.
In English, the term tort is refers to a ‘wrong’.
Thus, the branch of law which deals with ‘torts’, consists of wrongful act wherein the wrongdoer violates some of the legal rights vested in another person. We ought to remember that the law imposes a duty to respect the legal right vested in the members of the society. If this legal right is breached, it is said to be a wrongful act.
• Some definitions of tort:
Some of the important definitions, which indicate the nature of law of tort, are as under: …show more content…
publishing a defamatory article about a person in a newspaper or magazine) or, he must have omitted some act which he ought to have done. (e.g. the municipal corporation omits to close the pothole on the road)
It should be remembered that the wrongful act or wrongful omission must be recognised by law. If the wrongful act or wrongful omission is merely a social or moral wrong then the person cannot be held liable for his actions. (e.g. if someone fails to help a starving child , it is only a moral wrong and, therefore the person cannot be held liable for his actions.
II. Legal damage:
Legal damage means violation of a legal right. To succeed in an action of tort, the plaintiff has to prove that he has been caused legal damage. To simplify, it is to be proved that there was a wrongful act or omission of an act which violated the legal right vested in the plaintiff. No action under law of tort can be taken unless there is a violation of legal right. If there has been a violation of legal right, the same is actionable in the court of law, irrespective of the fact that the plaintiff has suffered any loss or not. This has been expressed by the maxim “Injuria sine damno” and “Damnum sine injuria”.
Let us study these maxims a little
• Origin of the word Tort and its meaning:
The word tort is derived from Latin word ‘tortum’, which means ‘to twist’. It basically refers to a conduct which is not upright or lawful.
In English, the term tort is refers to a ‘wrong’.
Thus, the branch of law which deals with ‘torts’, consists of wrongful act wherein the wrongdoer violates some of the legal rights vested in another person. We ought to remember that the law imposes a duty to respect the legal right vested in the members of the society. If this legal right is breached, it is said to be a wrongful act.
• Some definitions of tort:
Some of the important definitions, which indicate the nature of law of tort, are as under: …show more content…
publishing a defamatory article about a person in a newspaper or magazine) or, he must have omitted some act which he ought to have done. (e.g. the municipal corporation omits to close the pothole on the road)
It should be remembered that the wrongful act or wrongful omission must be recognised by law. If the wrongful act or wrongful omission is merely a social or moral wrong then the person cannot be held liable for his actions. (e.g. if someone fails to help a starving child , it is only a moral wrong and, therefore the person cannot be held liable for his actions.
II. Legal damage:
Legal damage means violation of a legal right. To succeed in an action of tort, the plaintiff has to prove that he has been caused legal damage. To simplify, it is to be proved that there was a wrongful act or omission of an act which violated the legal right vested in the plaintiff. No action under law of tort can be taken unless there is a violation of legal right. If there has been a violation of legal right, the same is actionable in the court of law, irrespective of the fact that the plaintiff has suffered any loss or not. This has been expressed by the maxim “Injuria sine damno” and “Damnum sine injuria”.
Let us study these maxims a little