Law of Torts

LAW OF TORTS
• The Term Tort is derived from the Latin
word “Tortum” which means “Wrong” or
“Twisted” or “Crooked”
• By Implication it means conduct which is
not straight forward or Lawful and hence it
is an instrument for ensuring that there are
certain standards of behaviour whereby
each others rights and interests are
respected.
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• In legal lexicon, a tort is a Civil Wrong -
meaning to say a Breach of Civil right of another
• A Tort arises out of a Human actions –when it is
a “Wrongful Act”
• The “Act” may be a positive or a negative act
and categorized into-
– Malfeasance – commission of an unlawful act
– Misfeasance – improper performance of a lawful act
– Nonfeasance – Non performance of a legal duty
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• Right in rem – is a right placed in some determinate persons either
personally or as a member of a community and available against the
community as a whole

• A violation of a right in rem gives rise to Tort, which may be

categorised as under

1. Negligence
2. Intentional harm to a person
3. Intentional harm to tangible property
4. Strict liability
5. Nuisance
6. Harm to economic interests
7. Harm to intangible property interests
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• When does the liability under Tort arise?

• There must be a wrongful act committed by a

person
• Such wrongful act must result in LEGAL
Damage or Injury and
• There must be a remedy in the form for
DAMAGES
• The maxim Ubi jus ibi remedium provides that
law will provide a remedy for every right
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• Injuria Sine Damno – Injury without Damage – is
actionable without proof of actual damage
• Leading cases of Ashby v/s White (elections)
• Marzetti V/s Willaims ( Dishonour of cheque by
Banker)
• Damno sine Injuria – Damage without Injury – is
not actionable
• Leading case of Glouscester Grammar School