Difference between Tort and Crime According to Prof. Kenny- “Crimes are wrongs whose sanction is punitive and is no wayremissible by any private person, but is remissible by the crown alone, if remissible at all”. A tort is widely different from a crime. A tort differs from a crime in the following four respects- (i) … Read more
Difference between Tort and Breach of Contract Tort and contract differ from one another in the following respects – (1) In tort, there is a violation of a right in term, i.e., a right vested in some determinate person and available against the whole world, whereas a breach of contract is an infringement of a … Read more
This maxim “damnum sine injuria” means that damage without injury is not actionable. There are many forms of harm of which the law takes no account. Mere loss in money or moneys worth does not itself constitute legal damage. Where there has been no infringement of any legal right, the mere fact of harm or … Read more
‘Injuria‘ means infringement of a legally protected interest (i.e., right) of the plaintiff. ‘Sine‘ means without or absent. It is the same thing as ‘abseque’. And ‘damnum‘ means actual physical loss whether in terms of money, comfort, health, service or the like. The import of this maxim is that if the right of the plaintiff … Read more
Answer:- Conditions which must be present before liability in Tort may arise:- To constitute a tort: (i) there must be wrongful act committed by a person. (ii) the wrongful act must result in legal damages to another, and (iii) the wrongful act must be of such a nature as to given rise a legal remedy … Read more
Answer:- The word tort has been derived from Latin term ‘Tortum’,which means to twist. It therefore includes that conduct which is not straight or lawful, but on the other hand, twisted, crooked or unlawful.It is equivalent to English term ‘wrong’. Why an accurate definition of ‘Tort’ is not possible? First, law of tort is based … Read more
Development of Law of Torts in India The law of torts as administered in India is the English law as found suitable to Indian conditions and modified by the Acts of Indian legislature. The law of torts was introduced through British Courts in India. The first British Courts established in India were the Mayor’sCourts in … Read more
The principle of liability plays an important role in the law of torts. One’s liability in a civil wrong or a tortious act ascertains whether one will be asked to pay any compensation for the damage caused, as compensation is the main aim of tort law. While understanding this concept, the Latin maxims of damno … Read more
Since the Prime Minister in India is the head of the government, the liability of the Prime Minister (that is, when he has to pay damages)will be called the Tortious Liability of the state or the government. According to the idea of tortuous state liability, the government or state is responsible for the actions of … Read more
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 … Read more