Inter relation and difference between tort and other subject of law

Tort law can be said to be the differentiating characteristic of common law, as it develops through judicial precedents, which reflect the change in social realities and societal mindset. this, tort law changes as mindset of society towards an act changes, which is then converted to a change in the relevant law.

This, in a common law country, as tort law changes, other types and branches of law are also affected. Therefore, tort law is deeply linked to other types of law.

For instance, when one looks between tort law and criminal law, there are many overlapping topics, such as battery, assault, trespass, and the like. There are even many common defences for these wrongful acts. This implies that there is an interlinking between the two. These concepts of various tortious acts developed in societal mindset, which were incorporated in judicial precedents, which made tort law, and these torts were then incorporated into codified law, and then these became criminal acts, in addition to being tortious as well.

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Thus, there is a link between law tort and other kinds of law. For instance, the principle of trespass, which was strictly a part of the law of torts, was eventually incorporated into the law of crime and became a part of criminal law, which is how tort law is always linked with various other forms, types and branches of law.

However, there are also various differences between tort law and other types of law, at the same time. For one thing, tort law is uncodified whereas other types of laws, are largely codified. This can be seen in criminal law (Indian Penal Code, Code of Criminal Procedure, Indian Evidence Act, etc.), Civil Law (Code of Civil Procedure), Constitutional Law (Constitution of India), Contract Law (Indian Contract Act), and even Property Law (Transfer of Property Act, and others).

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The origin of tort law can be found in judicial precedents and previous judgments, whereas the source of other forms of laws, that is, codified laws, is found to be a legislation or statute due to which it came into existence. An example of this is the principle of strict liability, which found in roots in Rylands v Fletcher, and was strictly part of tort law, was later included in the statute of Public Liability Insurance Act of 1991, which made this provision part of civil law as a whole. This shows the inter relation between tort law and other forms of law.

Moreover, where the end goal of tort law is to compensate the victim for the losses suffered, the main aim of criminal law is to punish the wrongdoer through imprisonment and may or may not include compensation. This does not stand true for all kinds of laws, as the main remedy in contract law, or any civil law for that matter, is also compensation for losses suffered, monetary or otherwise.

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