Definition, Nature, Scope and Objects of Torts

Hello my reader friend. This is a blog related to "Law of Tort" series. This Blog is intended for study purpose only. If you need a legal advice then please contact nearest lawyer at your place.

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While many people understand that they may be able to take legal action if they are injured due to the negligent or reckless actions of another person, they often do not know what exactly a “tort” is and how it applies to civil law.

Meaning and Definition:

In general Tort denotes an act, which is not a right act but a twisted act or crooked act, which causes injury to a person or persons. 

Tort is a French word having English meaning "Wrong". Tort is derived from Latin word Tortum, which means twisted or crooked. More specifically tort is civil wrong independent of contact. Tort is an infringement of a private common law right in rem. 

An act or breaking or failing to observe a law, agreement or code of conduct is tortious act.

A “tort” is a legal wrong, and persons who suffer injury caused by someone else may be able to pursue compensation from the person or persons responsible through a civil lawsuit. 

Every civil lawsuit except for contractual disputes falls under the category of tort law. Essentially, any civil lawsuit is tort law. The premise behind these laws is to provide compensation to victims of wrongdoings. However, not every tort case is successful.

An act which, prima facie, appears to be innocent may become tortuous, if it invades the legal right of another person. 

Definition by Alderson, B.: Tort is the gist of the action is “doing or omitting to do something” and that “something” may be anything which a reasonable man would do or omit to do.

Prof. Winfield's explanations: 

1) The common feature of the torts seems to be that they all place a certain responsibility upon a person who is in control of property which, without being dangerous as such, causes injury to a member of the public, whether by its static condition (house) or by the way it is used and operated (factory products, business). 

There are many different definitions of tort. But the definition given by Winfield is one of the most appropriate one. As per Winfield, "tortious liability arises from the breach of the duty primary fixed by a law these duties towards persons generally and its breach is redressible by an action for unliquidated damages." 

Following are the ingredients of Winfield's definition: - 

Duties and Rights: –  The law primary fixes certain duties on every person. At the same time, it confers certain rights to every person. This duties and rights are in rem. 

e.g. It is right of everyone to use public Road. But at the same time, there is a legal duty fixed on the public not to cause any harm or injury to other persons who are using the same road, otherwise the person who is not following his duty will be held responsible. 

The duties implied by law are general and everyone has to follow them without any exceptions. 

Unliquidated damages: – If any person breaches his duty and causes any harm or loss to other another person, it means tortious liability has arisen on that person that is tortfeasor. Thus the tortfeasor is liable to pay compensation to the victim. The court decides the quantum of the damages and compensation. The compensation in such cases is not fixed before the tortious liability arises. Compensation shall be fixed on the quantum of injury or harm. In cases of breach of trust or breach of contract, the quantum of damages can be pre-assessed at the time of enter earring the trust or contract itself. As in the case of breach of trust or contract can be pre-assessed previously they are called liquidated damages. As the damages of the tortious act can be calculated after the liability arises they are called unliquidated damages.

Nature and Scope:

Nature of tort law is thus essentially concerned with the compensation for damages for civil wrongs suffered as a result of another's act or omissions. Liability in tort arises from breach of duty primarily fixed by law. The conduct of the plaintiff may or may not be material, but the gist of the action is interference with a certain right, not unlawful conduct. 

injury or damage must be proved in all these torts; but such injury may be of any kind, whether personal, property or pecuniary damage in general.

The law of torts is fashioned as “an instrument to make people adhere to a conduct of reasonable behaviour and respect the rights and interests of one another.”

This it does by protecting interests and by providing for situations when a person whose protected interest is violated can recover compensation for the loss suffered by him from the person who has violated the same.

To every right there corresponds an obligation or duty. 

• If the right is legal, so is the duty. 
• If the right is contingent, so is the obligation. 
• If the right is moral, so is the duty. 

A right in its main aspect consists in doing something, or receiving and accepting something. Consequently, a duty in its main aspect consists in doing something or refraining from doing or performing an act.

Examples of tort:

1) A simple example is that of erecting a structure on one’s own land. It is completely lawful to enjoy one’s own property by erecting whatever one wants to, on his land. But, if there is a law which gives a right to unobstructed transmission of sunlight to a person’s house if he had been enjoying that sunlight for more than 20 years, then any structure on anybody’s land which may block sunlight to his house is violation of his right and he is entitled to file a suit.

2) In the cases of accidents by motor vehicles, where decision making is very difficult, the victims get statutory compensation under the Motor Vehicles act, 1988 which provides for compulsory insurance in order to give compensation to the victims as a measure of social security.