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1. Definition and Characteristics o Tort = Latin Term Tortum ( to twist) o Conducts which is not straight or lawful, but, on the other hand, twisted, crooked, or unlawful. o It is equivalent to the English Term ‘wrong’. o Wrongdoer violates some legal rights vested in another person o The law imposes a duty to respect the legal rights vested in the members of the society and the person making

a breach of that duty is said to have done the wrongful act.

Sunday, June 7, 2009 Dr. Tabrez Ahmad KLS, KIIT, BBSR, Law of Tort

2. Cont… o The right and duty arise under the general law as between a person or persons in a particular situation o It is redressable in a civil action for damages, with alternative remedy in some cases of injunction and recovery

of possession at the instance of the person wronged or injured. o Tort differs from wrongs which are wholly criminal. At the same time a tort differs from the wrong which are

regarded wholly as breaches of contract.


3. Winfield o Dr. Winfield has made a critical examination of may possible or current definitions and the one suggested by

him is as follows: o Tortious liability arises from the breach of a duty primarily fixed by the law, such duty is towards persons

generally and its breach is redressable by an action for unliquidated damages


4.o The Gujara HC Gujarat Electricity Board v Kantilal R Patel (1988) 22 R (Guj) 271 o Court observed that the task of law of tort was not only to award compensation but to vindicate rights of the

parties and enforce them.


5.o It is difficult to define a tort even in this sense of breach of duty because the term was chosen not to signify any

definite legal concept, but rather a convenient title or caption for wrongs for which a particular class of remedies or forms of action was allowed under a judicial system and procedure that are now defunct. Those wrongs are diverse in their legal constituents and can not be comprehended in a simple or concise formula.


6.o In general the law of tort relates to the recognition of interest that the civil law recognises in the absense of

contractual relation between the wrongdoer and the injured person. These interests may be grouped into the following categories:

o Property, physical, psychiatric, economic and reputation.


7. Module-I Definition and Nature of the Law of Tort Basis of the Tortuous Liability Sunday, June 7, 2009 Dr. Tabrez Ahmad KLS, KIIT, BBSR, Law of Tort

8. A Tort comes into existence by

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o Some act or omission by the defendant; o Which amounts to a violation of the plaintiffs right; o Defendants act or omission is thus a breach of his legal duty imposed on him by law; o The violation must not be authorised by law; o Such violation inflicts an injury upon the plaintiff; o For which a remedy in law is available; o The defendants act or omission must not be a breach of his contractual, quasi-contractual or merely equitable

obligation ;and o It should, also, not be a breach of trust. o A tort is different from wrongs wholly criminal


9. Basic Ingredients of Tort o Jay Laxmi Salt Works Pvt. Ltd. v State of Gujarat (1994) 4 SCC 1. o The Basic ingredients of Tort continue to be injury and damage due to failure of duty fixed by law. The law of

Torts being a developing law, its frontiers are incapable of being strictly limited.

1. Welcome to 2 nd Semester Law of Tort Sunday, June 7, 2009 Dr. Tabrez Ahmad KLS, KIIT, BBSR, Law of Tort 2. COURSE DESCRIPTION o Law has to protect the rights of persons in society. Law does it primarily in two ways: by compensating for the

wrong suffered, and by punishing the wrong-doer. The compensation function is the business of tort law (and partly of contract law) whereas punishment is the domain of criminal law. By the process of identifying wrongs and compensating them through the award of damages, tort law attempts to allocate losses or distributive risks which are inevitable in the modern society in a manner conducive to justice, equity and fairness.


3. Cont… o Independent of criminal or contract law, Tort law provides individuals and groups with redress for injury to every

dimension of life from physical injury, to property damage, to personal insult. Over past decades no area of law within the civil justice system has experienced greater ferment than the law of Tort and this has resulted in vital changes the thinking of the tortuous liability.


4. Cont… o The more industrialized the society the more complicated the life. In such a situation, this branch of law grows

and assumes greater importance in ordering just social relations. It is rightly said that the progress of a nation can be measured in terms of development of law of tort in that country.


5. OBJECT OF THE COURSE o The object of the course is to familiarize the students with the nature and extent of liability of the private

enterprises, multinationals and the government authorities for the wrongs committed against the individual and their property, and to develop sound knowledge, skills and disposition amongst students of B.A. LL.B on some of the contemporary issues of Specific Torts, Cyber Tort, Family Tort, and Economic Tort etc.


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6. Cont… o In the course on Law of Tort, we intend to familiarize you with the general principles of Tort law and general

defences, specific Torts, emerging areas in Law of Tort. o Students will be encouraged to develop their own views on these and other pressing questions, and they will

acquire the sound legal skills to argue for both sides of a case.


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