Description of Tort Law

A tort is simply a civil wrong. There are three general types of torts that may cause injury to another person. In civil law, torts are grounds for lawsuits to compensate a grieving party for any damages or injuries suffered.

 

Tort Law: Three Types of Torts

 Torts are wrongdoings that are done by one party against another. As a result of the wrongdoing, the injured person may take civil action against the other party. To simplify this, let’s say while walking down the aisle of a grocery store, you slip on a banana that had fallen from a shelf. You become the plaintiff, or injured party, and the grocery store is considered the tortfeasor or defendant, the negligent party.

Simply said, you would probably take civil action against the grocery store to recoup compensation for pain, suffering, medical bills and expenses incurred as a result of the fall. Negligence is just one tort category. There are three general categories of torts. Regardless of the tort action, three elements must be present:

  • Tortfeasor, or defendant, had a duty to act or behave in a certain way.
  • Plaintiff must prove that the behavior demonstrated by the tortfeasor did not conform to the duty owed to the plaintiff.
  • The plaintiff suffered an injury or loss as a result.

Because torts are a civil action involving private parties, punishment does not include a fine or incarceration. The punishment for tortious acts usually involves restoring the injured party monetarily. Sometimes a court order may force the tortfeasor to either do or not do something. Think trespassing, defamation or slander. Let’s explore the three types of torts:

  • Intentional torts
  • Negligence torts
  • Strict liability torts

 

Tort means a wrongful act rather than offense in criminal law. Tort law in India can be considered as new law development enhanced by codifying statutes including statutes which govern damages.  Tort is a break of some duties independent of the contract which causes damages to the plaintiff which gives rise to the civil cause of action and for which remedy is obtainable.

 

GENERAL PRINCIPLES OF TORT LAW

VOLENTI NON-FIT INJURIA:

Volenti non fit injuria is a defence in tort.  It means that when a person involves in an event accepting and aware of the risks in that event, then they cannot complain later of, or ask compensation for an injury during this event. This is often used to defend against actions of tort as result of the sports injury.

 

DAMNUM SINE INJURIA

Damnum sine injuria is referred as the legal situation in which the plaintiff’s right is not respected by another but where the breach of plaintiff’s right does not cause damage, or at least not a calculable or admissible damage. The finding of damnum sine injuria can be the basis for a finding of nominal damages.

This Latin term has the meaning condemnation without injury.  The term means that “injury with no damages. It is referred to a legal situation in which plaintiff’s right is not respected by another but where the breach of plaintiff’s right does not cause damage, or at least not a calculable or admissible damage. It will be the basis for a finding of nominal damages. Thus in cases of damnum sine injuria the injury is de minimis, i.e. too small to be remedied practically at the law. In such cases, the plaintiff will have a satisfaction remedy of nominal damages – which are also called symbolic damages.

 

VICARIOUS LIABILITY

Vicarious liability mentions a situation in which someone is held accountable for the actions or omissions of other person. In the context of workplace an employer can be accountable for the acts of its employees, providing that it can be shown that they took place in the course of employment.The important points of vicarious liability are there must be a relationship of a definite kind, wrongful action must be related to relationship in a specific way, the wrongful act must be done within the course of employment.

 

PRINCIPLE OF NEGLIGENCE

Negligence is failure to exercise the appropriate or ethical rules which are expected to be exercised amongst specified situations. The part of tort law known as negligence includes harm caused by failure to act as form of carelessness probably with explanatory circumstances. The essential concept of negligence is that people should workout rational care in their actions, by taking into consideration of the potential harm that they might foreseeably cause to other people or properties.

 

NJURIA SINE DAMNUM

The meaning of Injuria Sine Damno is injury to legal right without any monetary loss.  This is actionable,  as there contains the violation of legal right, even though the plaintiff has no loss in terms of money and defendant must be liable.  In simple words, it will mean to be Injury without any damage or it has the breach of the private right without any actual loss or damage. If there is any invasion of legal right, the person in which the right is vested must be entitled to take out the action and need to recover damages, as he has suffered no actual harm. In that case, the person will not be able to prove the actual damage caused to him.

Injuria Sine Damno must be used in the law of torts and is related to various damages. The meaning of the above maxim is the breach of an absolute private right that does not have any actual loss or damage. The actual damage has the meaning that physical loss in terms of money, comfort, health, etc.

 

Objective of the Arbitration and Conciliation Act 1996:

the main objectives of the Arbitration and Conciliation Act are as follows:

  1. i) to comprehensively cover international and commercial arbitration and conciliation as also domestic arbitration and conciliation;
  2. ii) to make provision for an arbitral procedure which is fair, efficient and capable of meeting the needs of the specific arbitration;

iii) to provide that the arbitral tribunal gives reasons for its arbitral award;

  1. iv) to ensure that the arbitral tribunal remains within the limits of its jurisdiction;
  2. v) to minimise the supervisory role of courts in the arbitral process;
  3. vi) to permit an arbitral tribunal to use mediation, conciliation or other procedures during the arbitral proceedings to encourage settlement of disputes; vii) to provide that every final arbitral award is enforced in the same manner as if it were a decree of the court

viii) to provide that a settlement agreement reached by the parties as a result of conciliation proceedings will have the same status and effect as an arbitral award on agreed terms on the substance of the dispute rendered by an arbitral tribunal; and

  1. ix) to provide that, for purposes of enforcement of foreign awards, every arbitral award made in a country to which one of the two International Conventions relating to foreign arbitral awards to which India is a party applies, will be treated as a foreign award.

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