During British rule in India, the British brought in their own rules and regulations to manage justice in India. The English law of torts has a great influence over the Indian law of torts, even though it was changed to fit Indian laws.
In India, the Law of Torts is uncodified, which means it is not written down in one single document, unlike the Constitution and contract law, which are codified. The Indian law of torts is based on England's Common Law.
In this two-part blog series, you will get to know all about what exactly the law is, the concept of rights and duties, torts, its definitions and characteristics in the first part. The second part will focus on essentials and some landmark judgements under the law of torts. Let's get started!
What is Law?
Laws are the set of rules made by authorities to control how people behave in a society. These rules can come from laws, customs, or policies.
- Laws are sets of rules.
- Rules are made to manage society.
- Rules define what people can and cannot do.
- The legal force behind these rules makes them mandatory for everyone.
What are Rights and Duties?
Right: According to Gray, a legal right is a power which individuals have to make others do or not do certain actions; these powers are given by society imposing legal duties upon that individual.
Duty: According to Keaton, duties, on the other hand, are actions that the Govt. must enforce to protect people's rights and interests.
In simple terms, every right comes with a duty.
For instance, Article 21 of the Indian Constitution guarantees the right to life, which can only be ensured if everyone fulfils their duty of preserving the lives of other people. This relationship between rights and duties forms the basis of laws.
What is a Tort?
'Tort' is a French word that is equivalent to the English term 'wrong'. The origin of the word 'tort' comes from the Latin term "tortum," which means twisted or crooked. Any behaviour that is twisted or crooked is called a tort.
Everyone is expected to act properly, and when someone moves away from this proper behaviour into wrong actions, they have committed a tort.
A tort occurs when someone's duty to others is breached. A person committing a tort is known as a tortfeasor or wrongdoer. When multiple individuals are involved, they are referred to as joint tortfeasors. And their wrongdoing is called as a tortious act.
The law of torts is a subset of civil law that does not include breach of contract or breach of trust because it only deals with civil wrongs in which the damages awarded to the plaintiff are unliquidated.
Unliquidated damages in tort refer to compensation for harm or loss that hasn't been predetermined or fixed. A court decides the exact amount of these damages based on the specifics of the case.
Example- If your neighbour's loud music disturbs your peace at night, causing a nuisance. In such cases, the court would decide how much compensation you should receive for the disturbance caused by your neighbour, as it's not a pre-fixed amount like in a contract.
Characteristics of Tort
The important characteristics of a tort are:-
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Unlike a crime, a tort is a civil wrong.
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A tort is a private wrong that violates the legal rights of an individual or a group.
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A tort is an infringement of the right in rem, which means a right that is available against the whole world.
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The main remedy for a tort is monetary compensation, but other remedies like injunctions and restitution of property are also available.
Right in rem, means a right that is enforceable against everyone. Its like owning a bicycle. If you own a bicycle, that right is in rem because it applies to everyone. It means that no one can take or use your bicycle without your permission, whether they know you own it or not.
Definition of Tort Laws
Laws that are made to stop a civil wrong if the remedy for it is an action for unliquidated damages, i.e., damages that the court determines, are known as tort laws.
According to Section 2(m) of the Limitation Act, 1963, "tort means a civil wrong, which is not exclusively a breach of contract or breach of trust." The person committing a tort is known as a tortfeasor.
According to Salmond, 'a tort is a civil wrong for which the remedy is a common action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or any other equitable obligation.'
According to Winfield, 'tortious liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally, and its breach is redressible by an action for unliquidated damages.'
Characteristics of Tort Laws
The main characteristics of tort laws are:
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Uncodified
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Based on the doctrine of Stare Decisis
The law of torts, in general, is not codified. It evolved gradually through various case laws.
However, some laws have been written down by the legislatures to make them more organised. For example, the Consumer Protection Act and the Motor Vehicles Accidents Claims Act are some of the forms of codified tort law.
The law of torts follows the Stare Decisis doctrine, which means that courts must look at past cases when deciding on similar ones. This ensures that similar cases are handled in the same way based on their circumstances and facts.
Illustration: A was driving a horse cart negligently and caused an accident injuring B. B can claim compensation from A.
Years later, C drove his car negligently and injured D. D can claim compensation from C based on the principle established in the earlier case, even though it involved a different type of vehicle.
If you don't know the top judgements of 2023, then you should read about the Supreme Court’s Top 10 Judgements.
Conclusion
To wrap up, the Law of Torts in India, influenced by British law, is uncodified and based on the doctrine of Stare Decisis. It deals with civil wrongs, where one person's actions cause harm to another. When someone's duty to others is breached, it results in a tort, and the injured person can seek compensation.
For essentials and some landmark judgements under the law of torts, continue reading Part 2…….