TORT LAW: LEGAL APTITUDE AND LOGICAL REASONING – CSEET PAPER 2
The Law of Tort is an interesting topic to deal with. Though not a complex law it demands certain understanding for demarcation between law of torts and other wrongs. Now being part of CS Executive Entrance Test (CSEET) comprising of Objective Type/ Multiple Choice questions, let us look at law of torts with similar view point where we learn torts in a more granulated form.
Tort Meaning
Tort – means a civil wrong.
The word tort is French equivalent of English word wrong. The word “Tort” is derived from a latin word “Tortum” which means twisted.
In general Tort meaning is a civil wrong that causes a claimant to suffer loss or harm resulting in legal liability for the person who commits the wrongful act.
Parties – There are 2 parties in a Tort
a. Plaintiff- is a person who sustains injury or suffers loss as the result of wrongful act. The aggrieved / injured party.
b. Tort Feasor– is a person who is responsible for the injury sustained by the plaintiff and incurs liability for the damage caused by the wrongful act. Commonly known as the defendant.
What is a Tort?
A tort is basically as act or omission by the tort feasor that causes loss, harm or damage to the plaintiff
What is Tort Law?
Law of Torts is hold of responsibility and remedies that is tried by the Courts in civil proceedings to provide relief for persons who have suffered harm (i.e. the aggrieved person) from the wrongful acts of others (i.e. the tort feasor).
Essential Elements of Tort
A wrongful act shall be construed as a tort only if the following 3 essential elements of Tort prevail-
a. Wrongful act or inaction – The act must be a wrongful one causing damage
b. Legal Damage – Damage must be legally recognized
c. Legal remedy – There should be a legal remedy as against wrongful act
Thus, all civil wrong cannot be said as tort.
Legal Terminology:
a. Damnum Sine Injuria – Damage without injury. This is where the Damage is without the intent of Injury. Wherein the act is not a wrongful one, it shall be exercise of legal right of one that causes damage to the other indirectly.
Example: If A owns a stationery shop next to a school and enjoys monopoly. Meanwhile B opens a stationery shop opposite to A’s shop. B only exercises his legal right of carrying on a business but this is going to cause damage to the monopoly status and profits of A. Thus there exists Damage without Injury.
b. Injuria Sine Damnum – Injury without damage. This is where there persists an injury without damage. Whereas even if the damage is not established the act shall be treated to cause injury.
Example: If X owns copyrights of a book. Y is a publisher without being aware of the copyright tries to publish additional copies of the book. Thus even if the damage is not quantified the act of Y becomes an injury even without damage.
c. Mens Rea – Criminal intent. It means the aspect of guilt to commit the crime. Mensrea is the mental element of a person’s intention to commit a crime. The act or inaction must be done with wrongful intention or negligence.
Example: K and S are relatives. K borrows vehicle of S. Unfortunately meets with an accident causing damage to the vehicle. K has caused the damage may be due to his negligence and liable to pay for the damages. He didn’t cause the damage willfully.
Whereas S borrow K’s vehicles the next week and voluntarily causes damage to it just to satisfy his criminal intent to take delightful revenge with K. Though K did not do it on purpose, S here had a criminal intent to cause damage. This is mensa.
Tort Liability
There are 2 types of Tort Liability, viz.,
- Absolute or Strict Liability
- Vicarious Liability
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