(Paper 2 in LEGAL APTITUDE AND LOGICAL REASONING-CSEET)
A fascinating thing to deal with is the Rule of Tort. While not a complicated statute, it requires some knowledge of the demarcation between tort law and other wrongs. Now that we are part of the CS Executive Entrance Test (CSEET) consisting of questions of objective type/multiple choice, let us look at tort law from a similar point of view where we learn torts in a more granular form.
Tort Meaning
Tort – means a civil wrong.
The word tort is the French equivalent of the English word wrong. The word “Tort” is derived from the Latin word “Tortum” which means twisted.
In general Tort, the 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 an injury or suffers loss as the result of the 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 tortfeasor that causes loss, harm or damage to the plaintiff
What is the Rule of Tort?
The Rule of Torts is liable for and remedies tried by the courts in civil proceedings to provide redress from the unjust actions of others to people who have caused an injury (i.e. the aggrieved person) (i.e. the tortfeasor).
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 a tort.
Legal Terminology:
Damnum Sine Injuria- Without injury damage. Without the purpose of injury, this is where the harm is. Where the act is not unjust, it is the exercise of the moral right of one who indirectly causes harm to the other.
For example, if A owns and enjoys the monopoly of a stationery shop next to a school. Meanwhile, B opens a paper shop in front of A's shop. B just exercises its legal right to run a company, but this will damage A's monopoly status and income. Therefore, harm without injury occurs.
b. Sine Damnum Injury-Injury without damage. This is where injury without harm remains. Whereas, even though the harm has not been identified, the act is viewed as causing injury.
Example: If X owns the book's copyright. Y is a retailer who attempts to print additional copies of the book without being aware of the copyright. Thus, even if the damage is not quantified, even without damage, the act of Y becomes an injury.
c. Mens Rea-Penal purpose. It means the guilt factor of committing the crime. Mensa is the mental aspect of the intent of an individual to commit a crime. The act or omission must be done with the intention or negligence of being wrongful.
Example: The relatives are K and S. K is borrowing a car from S. Unfortunately, the vehicle is faced with an accident causing damage. K may have caused the damage due to his negligence and may be responsible for paying for the damage. He was not willfully causing the damage.
Read More About CSEET Tort Law at CSEET Blog Section.
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