The Law of torts basically evolved in the UK and is still evolving in India. This is popularly known as "Judge made law" - does not come from Statute and not codified.
A tort is simply a civil wrong, wrong against an individual, say, conduct that harms other people or their property. It is considered wrong against a person who was harmed and the person can recover the damages i.e., monetary compensation. The injured party can sue the wrongdoer to recover the damages done. Some torts may require intent and some don't. A few torts can be considered as a crime too.
Now, let's check out a few scenarios of Tort
Just imagine, you are walking on the road and you suddenly fell in a manhole. Where do you think you can lodge a complaint? What if, someone is trying to be rude and throws water at you, what will be your next course of action then? What if, you neighbour throws garbage on your side of the wall? What if, a driver knocks you down on the road, who would you sue? All these kind of cases are covered in the law of torts. If the lady was unmarried and gave birth to a child, that could constitute under a tory too. In short, matters related to the daily course of activities are all covered under the Law of Torts. In India, the concept of Tort is still developing.
Types of Torts
The types of torts can be broadly divided into three categories; they are names as below-
1. Intentional Torts:
As the name suggests, an intentional tort is a tort caused intentionally, a wrong act done by the other person or group of persons such as Assault, Trespass, Battery, false imprisonment, libel and, slander.
2. Negligent Torts:
A wrongful act caused by a person or a group of people with negligence is called Negligent Torts. This can include incidents which occur because a person failed to pay attention or care like how a person with ordinary prudence would have. Such torts involve negligent harm to the body or the property of the person. For example, if a person has caused an accident by negligently disobeying traffic rules, the person is liable under negligent torts.
3. Torts under strict Liability:
In this type of tort, the person who committed a crime is solely liable irrespective of the wrong-doing and the intention. These torts are of a strict nature where the courts rule out the need for proving intention here. The act of production of defective goods and medicines that may lead to serious injuries and risk a consumer's life is one such tort. In these cases, the manufacturer alone is not liable but also, the suppliers and the chain of supply until it is proved who was indeed at fault.
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