TORT AND ITS PRINCIPLES

The word tort is derived from the Latin medieval word “tortum” which means to “to twist”. Tort is a civil wrong. It is effectuated from the breach of duty. As per section 2(m) of the Limitation Act, 1963, tort as being a civil wrong which is not just exclusively a breach of contract or a breach of trust.

The essential ingredients of tort are:

1. Wrongful act or omission

   Firstly, the most essential element of the tort is there should be a wrongful act or omission. Moreover, the active commission or the silent omission has resulted in a breach of duty which was either fixed by law or because of the special position which that person holds.

2. Legal Damage

   Secondly, the wrongful act or omission should have resulted in legal damage. The breach of legal right results in the legal damage.

3. Legal Remedy 

   Thirdly, the legal remedy should be awarded to the person who is being affected by the wrongdoer. Another important element in providing the legal remedy is that the damages are provided with unliquidated damages. The term unliquidated damages mean that the amount of compensation given is neither decided beforehand nor there is any fixed formula for determining the same.

The important principles which govern the law of tort are:

1. Injuria Sine Damnum

This means legal injury without any damage. In other words, this means that there is violation of legal right without any damage. Since, in this case, there is an infringement legal right, right to sue for remedy is available to the person whose legal right is violated.

      2. Damnum Sine Injuria

This means damage without violation of legal right. When there is actual damage without the violation of legal right, the person who has suffered the damage cannot sue the wrongdoer for the actual damages done to him. One of the essential characteristics of the tort is that there should be a legal injury.

3. Principle of Vicarious Liability

It is a common principle that a person is liable for the acts and omissions committed by him but the concept of vicarious liability is an exception to this principle. As per the vicarious liability, the person is liable for the acts and omission done by another person. The important features of vicarious liability are:

(a) Firstly, There must be a relationship of a certain kind. The principle of vicarious liability governs the relationship like that of principal and agent, employer and employee, etc.

(b) Secondly, The wrongful act must be related to the relationship in a certain way. In other words, the person involved in the relationship should commit the wrongful act.

(c) Thirdly, The other person should have committed the wrongful act within the course of employment.

4. Volenti Non Fit Injuria

It means that once you have consented to the harm, you cannot afterward claim the compensation of the harm done to you. There victim should have given express or implied consent. Also, the person should have the knowledge of the risk.

5. Principle of Reputation and Privacy

The concept of defamation comes under the principle of reputation and privacy. Defamation is an act of publishing or commenting on the person without lawful justification. Defamation lowers the reputation of the person on the eyes of the society or community.  There are two types of defamation that are slander and libel. Libel is the written form of defamation and slander is the oral form of defamation.