Industrial & Labour law – Types of Tort

Industrial & Labour law – Torts or Wrongs to Personal Safety & Freedom

What is Tort?

In a common language, a tort refers to a civil wrong that causes someone else to suffer loss or damage resulting in the person who performs such an act being legally responsible.

Tort law applies to the collection of laws that offer redress for persons who have caused injury from someone else's unfair actions.

Tort law is based on the principle that entities, whether intentional or accidental, are responsible for the consequences of their acts if they cause injury to another individual or organization.

Types of Tort

(a) Battery Batteries

The battery is the criminal act of offensively touching or applying force to another person's body deliberately, including a wide variety of actions, including those of a sexual nature. Therefore, two things are required to constitute a tort of battery: I use of force, but it may be insignificant without the consent of the complainant, and (ii) without any lawful excuse. The wrong is done, even though the force used is very negligible and does not cause any harm. So the battery is also to contact a person in frustration or without any reasonable reason.

(b) Attack

An attack, not actual violence itself, refers to an attempt or threat of violence. An attack is an act of the defendant that causes the claimant to instantly apprehend a communication with his person directly. Thus, when the defendant induces a fear in the plaintiff's mind that he may commit battery against him through his act, the tort of attack is committed. Except for the anticipation of touch, the law of assault is substantially the same as that of battery, and not the contact itself has to be created. Usually, there would also be an attack when there is a battery, but not, for example, when a person is struck from behind. It is an attack to point a loaded weapon at the plaintiff, or to shake his fist under his nose, or to curse him in a threatening way, or to direct a blow at him that is intercepted, or to surround him with a show of force, whether the defendant intends to commit a battery by his act and the plaintiff apprehends it.

(c) Bodily Harm

A willful act (or statement) of the defendant, calculated to cause physical harm to the plaintiff and in fact causing physical harm to him, is a tort.

(d) Fraudulent imprisonment

False imprisonment includes detaining a person without the consent of that individual. It can take the extreme form of abduction or the less extreme form of arrest. For example, a shopper without fairgrounds for alleged shoplifting.

The detainee's consent would be a defense against false arrest, or whether a store owner had fair reasons to suspect that the detainee was guilty of shoplifting (the privilege of the shopkeeper).

(e) The Malicious Investigation

Malicious prosecution is a legal term that refers to the filing of a civil or criminal complaint that is filed for any reason other than seeking justice and has no probable cause. He could turn around and file a civil complaint against the plaintiff or prosecutor for malicious prosecution, seeking damages, if such a case is decided in favor of the defendant.

 In an action of malicious prosecution the plaintiff must prove:

 That he was prosecuted by the defendant.

That the proceeding complained was terminated in favor of the present plaintiff.

That the prosecution was instituted against without any just or reasonable cause.

That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact.

That he suffered damage to his reputation or to the safety of a person, or to the security of his property.

(f) Shock of Nerves

A mental disorder or injury caused by a person by deliberate or negligent acts or omissions of another is a nervous shock. It is also a mental condition triggered by witnessing an event, such as an injury to one's parents or spouse. It is not enough to trigger the nervous shock itself to render it an actionable tort, any damage or disease must arise as a result of the mental distress, anxiety, or sorrow.

(g) Defamation

Defamation is the communication of a false statement that harms the reputation of an individual. The law of defamation protects a person’s reputation and good name against communications that are false and derogatory. Defamation consists of two torts: libel and slander.

(g) Defamation

Defamation is the communication of a false statement that harms the reputation of an individual. The law of defamation protects a person’s reputation and good name against communications that are false and derogatory. Defamation consists of two torts: libel and slander.

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