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What is Tort Law and its applicability in I

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Summary
What is Tort Law and its applicability in India

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The word "tort" is derived from the Medieval Latin term, “tortum” which means “wrong”
or “injury” which itself was further developed from the Old Latin word “torquere” which
means “to twist”. It is a breach of duty which amounts to a civil wrong. A tort occurs
when a person's obligation to others is compromised; the person who commits a tort is
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known as a tortfeasor, or wrongdoer. In cases where numerous people are implicated, they
are referred
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to as joint tortfeasors. They may be held liable either jointly or separately for
their tortious act. The primary goal of the tort law is to compensate the victims.
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Definitions of ‘torts’ is given by Eminent Jurists, Cases & Statutes:-
1) According to Salmond, “tort is a civil wrong for which the remedy is common law
action for unliquidated damages and which is not exclusively the breach of contract or the
breach of trust or other merely equitable obligation.”
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• Winfield finds that “tortious liability arises from 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.”
• S.P. Singh maintained that “tortuous liability arises from the breach of a duty
primarily fixed by law which results in an infringement of private legal right of another and
for which civil action for unliquidated damages, injunction, specific restitution of property
or even self-help, as the case maybe, can be maintained.
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• The Indian Legislature recognizes the concept of torts through The Limitations
Act, 1963 which states that “Tort means a civil wrong which is not exclusively a breach of
contract or breach of trust.”
Applicability of Tort Law in India:
In India, tort law is extremely important for establishing civil relationships, defending
individual rights, and ensuring that wrongdoers are held accountable. The ideas of tort law
are deeply embedded in India's legal system through judicial precedents and rulings,
despite the country's lack of a codified tort legislation. The applicability of tort law in India
is examined in more detail below:
• Judicial precedents: The notion of judicial precedents is a key component of Indian
tort law. The resolution of comparable instances in the future will be guided by the
choices reached in prior cases, in other words. To interpret and apply tort law principles,
Indian courts frequently cite decisions and principles of English common law.
• Compensation for Harm: Individuals who have suffered harm or loss as a result of the
actions or negligence of others may be compensated under tort law. When someone's
rights are violated, they are entitled to damages in a civil court in order to receive
compensation to pay their medical costs, property damage, pain and suffering, lost
wages, and other associated losses.

• Negligence and the Duty of Care: The core component of tort law in India is
negligence. It mandates that people owe a duty of care to other people, and failing to
uphold this responsibility can result in liability. The landmark case of Donoghue v.
Stevenson, (while not directly applicable in India) laid the foundation for the "neighbour
principle," emphasizing the duty to take reasonable care to avoid causing foreseeable harm
to others.
• Strict Liability: Indian courts have recognized the concept of strict liability in cases
involving hazardous activities and defective products. The M.C. Mehta v. Union of India
case exemplifies this concept. It held that enterprises engaging in hazardous activities are
strictly liable for any harm caused, irrespective of negligence, underscoring the importance
of protecting public safety and the environment.
• Nuisance and environmental protection: Both private and public nuisance are covered
under Indian tort law. It is essential in situations where an individual's use of property
obstructs their comfort or well-being. Tort law has been applied in the area of
environmental protection to stop actions that harm the environment or cause pollution.
• Changing Interpretations: Indian tort law adapts to handle new challenges as society
does. Technology's advancement has made topics like online slander, data breaches, and
cyberbullying relevant in tort law discussions, demonstrating how these ideas can be
applied to current problems.

Law of Torts is an ever-growing subject. It changes according to the needs of the society.
But what is needed to be understood is that, this law must be codified. The Law of Torts in
India, while periodically undergoing attempts at reform by both the Legislature and the
Judiciary, remains a vulnerable aspect of the legal system. The presence of a limited
number of specialized Tribunals/Commissions dealing with specific tort categories
exacerbates the issue. Cases falling outside these recognized categories are relegated to the
standard legal process, i.e., the Civil Courts, known for their prohibitive litigation costs and
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prolonged duration. Instances like the Consumer Forum, Motor Accident Claims Tribunal,
and State Electricity Regulatory Commission stand as notable examples of entities
addressing modern aspects of the Indian Law of Torts.
While everyone agrees that making and enforcing laws is crucial, the Law of Torts seems
to be somewhat neglected when it comes to creating new laws. This might be because
people worry that if tort law is strengthened, it could lead to more lawsuits. This concern
comes from the idea that going to court is seen as a bad thing by the general public.
However, tort law is really important in India, as the courts there have shown. It helps the
public grow and progress. Striking a balance between accessible justice and concerns about
excessive litigation is the fulcrum upon which the future of the Indian Law of Torts rests.

The courts and government have recognized the significance of torts in their decisions.
They have given compensation in cases of negligence, helped victims of assault, and
acknowledged when government employees have done wrong. But since torts are not well-
organized, most people don't understand them or how to use them. So, it's crucial to explain
the main ideas of torts to help people understand their rights and responsibilities under this
kind of law.
To sum up, the Law of Torts hasn't received much attention in India. It's time for the
government to focus on making new laws specifically for torts. This could bring about a
positive change and end the quiet but serious suffering of regular people. The laws made by
the Indian Parliament are usually well-researched and fair. This same care should be taken
when it comes to tort law.
 Similarity Report ID: oid:9832:40986083

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