Title What is the definition of Tort (1).pptx ✅

WHAT IS TORT LAW? Meaning of Tort Law: –Tort Law refers to specific laws; to determine whether a particular party is liable for damages and injuries caused to the other party and to determine the amount of compensation payable to the injured party. Tort law is that branch of the law that deals with civil law, including law suits but excluding issues involving contracts. Tort law is considered to be a form of restorative justice since it seeks to remedy losses or injury with monetary compensation. Harm can include anything from injury and pain and suffering to property damage and loss of wages and may also include additional punitive damages that are meant to punish the plaintiff in excess of full compensation. The purpose of compensation is to return the person to their original state as much as possible prior to the incident of tort.
In some cases, the court may include punitive damages on top of awarded compensatory damages. The primary purpose of punitive damages is not to indemnify the plaintiff. Instead, it aims to punish the defendant specifically for acts deemed irresponsible and to prevent others from engaging in similar conduct. Tort law is the largest area under the umbrella of civil law, which also covers personal injury. What are the essential elements of Tort? The four essential elements that constitute a tort are: – A wrongful act or omission, Duty imposed by law, The act must give rise to legal or actual damage, and It should be of such a nature as to give rise to a legal remedy by way of action for damages. EXPLANATION
A wrongful act or Omission: – A wrongful act can be either morally wrong or legally wrong and can also be both at the same time. A legal wrongful act is one which affects one’s legal right, the wrongful act must be one recognized by law, the act must be in violation of the law to be a legal wrongful act. For example, if someone whose religion does not allow him/her to eat non- vegetarian food, still eats it then he/she will be morally wrong but not legally wrong. And if a person whose religion doesn’t allow him or her to eat non-vegetarian and he or she strictly follows that religion, is forcefully fed by someone then it is a legal wrong on the part of the person forcing the other one to eat that food which he or she does not want to eat. Duty imposed by law: – A duty of care is one which is imposed on every individual and requires a standard of reasonable care that he could see as being harmful towards others. Hence, a duty imposed by law is a duty which is legally enforceable in the Indian courts. The law imposes
a duty on every individual to observe and maintain a reasonable standard of care when performing any act which may potentially cause harm to another person. In order to bring a suit for a tort, it must be proved that there existed a duty of care towards the injured party, which was subsequently breached by the tortfeasor. It is not necessary that the injured party and the tortfeasor have a direct connection for the duty of care to exist, rather, the duty is imposed by operation of law. 3. Actual Damage or Legal Injury: – For a wrongful act to constitute a claim for tort and give rise to any liability, the plaintiff must have suffered any actual harm/loss, or even an infringement of their legal rights. So, there must be any actual damage or violation of a legal right of a person and if there is no violation of a legal right then there can be no action under the law of torts. If there has been a violation of a legal right, the same is actionable whether the plaintiff has suffered any loss or not. Legal damage