Author : Simran Singh
Definitions of law of tort
Section (2) (M) of limitation act 1963, “tort means a civil
wrong which is not exclusively the breach of contract and breach of trust.”
According to Salmond, “Tort is a civil wrong for which the
remedy is a common law action for unliquidated damages, and which is not
exclusively the breach of a contract or the breach of a trust, or other merely
equitable obligation
Sir Percy Winfield defines torts as, “Tortious liability
arises from the breach of a duty primarily fixed by law. This duty is towards
persons generally and its breach is redressable by an action for unliquidated
damages”
According to Pollock’s, “tort is an act or omission (not
merely the breach of a duty arising out of personal relations, or undertaken by
a contract which is related to harm suffered by a determinate person, giving
rise to a civil remedy which is not an action of contract”
According to Ratanlal and Dhirajlal, “tort is civil wrong
independent of breach of contract for which the appropriate remedy is an action
for unliquidated damages.”
With these definitions one can draw a common notion:
I.
Tort is a civil wrong,
II.
Tortious liability arises from the breach of the
duty which is fixed by law or any statutory body,
III.
Damages are provided on the infringement of legal
rights.
ORIGIN of LAW OF Torts:
Before the triumph of William the conqueror (who led the
Norman Conquest) in England the whole legal system was sloppy and indefinite. It
varied from case to case. So to engulf those regional laws which had been
developed in past 2 centuries, some distinguished judges were appointed to
travel those areas. They implemented the statutes which were most appropriate
in court cases.
These court cases later became legal precedents. Later on
these legal precedents achieved the term common law. Hence, law of torts was
first originated in common law of England.
French speaking judges and advocates of Court of Normandy in
England first used the term tort in Common English law.
Development of law of torts in India
Formally, In India law of torts came through the
British legal system and developing till now. It is based on the principles of
equity, justice, and good conscience. Unlike the other branches of law, law of
tort is not codified. And is most popularly known as judge made law. Although,
in deciding these type of cases, our courts also follow the British approach of
law, but as the time changes, our judiciary also evolved new principles. In the
MC Mehta case, by introducing concepts of absolute liability, Justice Bhagvati
positively commented that we are certainly prepared to receive light from
whatever source it comes but we have to build our own jurisprudence.”
Citations:
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