Tort is a legal term which means a civil wrong recognized by law which is the basis for a lawsuit. A person is charged for a tort when someone harms another's body, property or legal rights. In this the person breaches a duty owned by him under the statutory law.
There are various categories in which torts can be classified. Negligence is the dominant action in torts which is used for the protection of the body and property of human beings. The tort of nuisance protects the land and unlawful enjoyment of the property by the tortfeasor. Trespass can be used to sue the persons who have entered the land of another without proper permission. Defamation is a tort in which damages can be claimed for injuring the reputation of another. Products liability refers to the liability which is incurred by the manufacturer of products including retail store owners, wholesalers’ etc. they are liable for all the damage caused by the product. Foundation of labour law and the concept of welfare state also began with tort which was used as a means to mitigate the conflicts between unions and employers. Intentional tort is also another category of torts which involves intentional acts that are reasonably foreseeable to cause harm to an individual. Assaults, battery, causing emotional distress, fraud are some examples of this. Economic torts protect the public from unlawful interference with their trade and business.
Liability under torts is generally termed as vicarious liability in which the employer is liable for the conduct of the employee. There are three main defenses available to the employer in this case. The first one is “Volenti non fit injuria” which is a Latin word meaning "to the willing, no injury is done". In this the claimant expressly consents to the risk of loss or damage. The second one is that of contributory negligence in which the plaintiff’s award is mitigated by the percentage of contribution made by the plaintiff to the damage suffered. The third defense is “Ex turpi causa non oritur actio” also called the illegality defense. In this, if the claimant is involved in a wrongful act at the time the negligence occurred, it may reduce the defendant's liability.
The main remedy against the loss caused due to a tortuous act is compensation in 'damages' or money. In the case of a continuing tort, the courts will sometimes grant an injunction which is a command restraining the continuance or threat of harm.
There have been conflicting opinions and approaches for the law of tort. There are four sources on which the tort laws rests: conciliation, justice, prevention and compensation. There is a need to reform the tort law as there have been various difficulties encountered by potential claimants. Out of the many cases of accidents, only some recover damages in the courts. The courts should be vigilant in solving issues related to the tort law and the concept of contributory negligence and vicarious liability should be developed so that the defendant does not have to pay an indiscriminate damage to the opposite party.
About the Author
Research Counsel, Mindsprings Solutions (India) Pvt. Ltd. is a legal process outsourcing company providing legal assistance lawyers, law firms and similar organisations. http://www.mindsprings.net/ http://lpo-legalprocessoutsourcing.blogspot.comSee Also:
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