Tort law

Tort law is a branch of civil law that deals with civil wrongs which cause harm or injury to individuals, giving rise to legal liability independent of contractual obligations. The term tort is derived from the Latin word “tortum”, meaning twisted or wrong, signifying conduct that deviates from the accepted standard of lawful behaviour.
The primary objective of tort law is to provide compensation to the injured party and to deter others from committing similar wrongs, thereby maintaining order and fairness in society.

Meaning and Definition

A tort may be defined as a civil wrong that is not exclusively a breach of contract, trust, or other merely equitable obligation, and for which the law provides a remedy in the form of unliquidated damages.
Salmond’s Definition:

“A tort is a civil wrong for which the remedy is an 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.”

Winfield’s Definition:

“Tortious liability arises from the breach of a duty primarily fixed by law; such duty is towards persons generally, and its breach is redressable by an action for unliquidated damages.”

Thus, tort law deals with wrongs independent of consent (unlike contract) and affecting individuals personally rather than society at large (unlike crimes).

Nature and Scope of Tort Law

The law of torts is civil, compensatory, and flexible in nature. It concerns the protection of a wide range of interests including:

• Personal safety and bodily integrity.
• Reputation and dignity.
• Property and economic interests.
• Privacy and emotional well-being.

Its scope extends to situations involving negligence, defamation, trespass, nuisance, strict liability, and other wrongful acts where one person’s conduct causes harm to another.

Characteristics of Tort Law

1. Civil Wrong – Tort law provides remedies to private individuals, not punishment by the State.
2. Unliquidated Damages – The compensation is determined by the court based on the nature of harm.
3. Duty Imposed by Law – The duty arises from law, not agreement.
4. Right in Personam vs. Right in Rem – Tort protects rights in rem (rights against the world), not merely contractual rights against specific individuals.
5. Independent of Contract – Tortious obligations exist even without any pre-existing contractual relationship.
6. Remedial, Not Penal – The focus is on compensation and deterrence, not punishment.

Essential Elements of a Tort

To establish liability under tort law, the following essential elements must be proved:

1. Legal Duty – The defendant must owe a legal duty of care or conduct towards the plaintiff.
2. Breach of Duty – The defendant must have failed to observe that duty.
3. Legal Injury (Injuria) – The plaintiff’s legal right must have been violated.
4. Causation – The breach must directly cause damage or injury to the plaintiff.
5. Damage – The plaintiff must have suffered actual or presumed harm.

Thus, liability in tort arises only when a wrongful act results in legal injury, not merely moral or emotional displeasure.

Maxims Underlying Tort Law

Tort law is guided by several legal maxims that define its principles:

• Ubi jus ibi remedium – Where there is a right, there is a remedy.
• Injuria sine damno – Legal injury without actual damage is actionable.
• Damnum sine injuria – Damage without legal injury is not actionable.
• Volenti non fit injuria – No injury is done to one who consents.
• Res ipsa loquitur – The thing speaks for itself (used in negligence cases).

Classification of Torts

Torts may be classified into several categories based on the nature of the wrong:

1. Intentional Torts – Committed with deliberate intent to cause harm.
   • Examples: Assault, battery, false imprisonment, trespass, defamation.
2. Negligent Torts – Resulting from failure to exercise reasonable care.
   • Example: Medical negligence, road accidents.
3. Strict and Absolute Liability – Liability without proof of fault.
   • Example: Damage caused by dangerous substances or industrial activities (as in Rylands v. Fletcher).
4. Economic and Dignitary Torts – Relating to interference with trade, privacy, or reputation.
   • Examples: Defamation, malicious prosecution, deceit.

Important Types of Torts

1. Negligence
   • Failure to exercise reasonable care, causing foreseeable harm.
   • Leading Case: Donoghue v. Stevenson (1932) – Established the modern law of negligence.
2. Nuisance
   • Unlawful interference with another’s use or enjoyment of land.
   • Example: Excessive noise, smoke, or pollution from neighbouring property.
3. Trespass
   • Direct, intentional interference with another’s person, goods, or land without consent.
4. Defamation
   • Publication of a false statement harming a person’s reputation.
5. Strict Liability
   • Liability for damage caused by inherently dangerous activities, even without negligence.
   • Leading Case: Rylands v. Fletcher (1868) – Liability for escape of hazardous substances.
6. Vicarious Liability
   • Liability of one person for the wrongful act of another (e.g., employer for employee’s act).
7. Malicious Prosecution
   • Wrongful initiation of criminal proceedings without reasonable cause.

Tort Law in India

India does not have a codified law of torts. It is based largely on English common law, adapted to Indian conditions through judicial decisions and statutory provisions.
Key features include:

• Uncodified System: Principles derived from precedents rather than a single statute.
• Judicial Development: Indian courts have expanded tort law through landmark judgments.
• Public Law Remedies: Constitutional torts provide compensation for violations of Fundamental Rights by the State.

Important Indian Cases:

1. M.C. Mehta v. Union of India (1987) – Introduced the concept of Absolute Liability for industrial hazards, stricter than English law.
2. Rudal Shah v. State of Bihar (1983) – Recognised compensation for wrongful detention as a constitutional tort under Article 21.
3. Nilabati Behera v. State of Orissa (1993) – Compensation for custodial death due to violation of right to life.
4. Rajkot Municipal Corporation v. Manjulben Jayantilal Nakum (1997) – Reaffirmed municipal liability for negligence.

These cases reflect the Indian judiciary’s progressive role in aligning tort law with principles of justice, equity, and good conscience.

Remedies in Tort Law

The primary objective of tort law is compensation for injury, not punishment. Remedies include:

1. Judicial Remedies
   • Damages: Monetary compensation (nominal, compensatory, exemplary).
   • Injunction: Court order restraining wrongful acts.
   • Specific Restitution: Return of property wrongfully taken.
2. Extra-Judicial Remedies
   • Self-Defence, Re-entry on land, Re-caption of goods, Abatement of nuisance – available in limited lawful circumstances.

Differences Between Tort and Other Wrongs

Relevance and Importance

Tort law plays an indispensable role in maintaining social harmony and accountability by:

• Protecting individuals from wrongful acts of others.
• Promoting responsible behaviour and deterrence.
• Ensuring justice through compensation.
• Addressing new forms of injury (e.g., environmental harm, cyber defamation).
• Upholding the principle that every legal wrong must have a remedy (ubi jus ibi remedium).