Law of Torts, its Nature and Types

Origin

The word “Tort” is derived from the Latin word or term “Tortum” which means “to twist”. It is equivalent of English word “wrong” and of Roman law term “Delict”.

Definitions

“A Tort is a civil wrong independent of a breach of contract for which the remedy is an action for unliquidated damages”.

Ingredients if Torts

The ingredients of a tort can be as follows:

Wrongful act

An infringement of civil rights or private rights, those rights should be legal or legally recognized.

Kinds of legal rights

There are two types of legal rights:

1.     Right in Rem

2.     Right in Personum

• Right in Rem:

These are rights which are available against the whole world. I.e. right of reputation, right of property, right to life and freedom

• Right in Personum:

These are rights which are available against a particular person or group or a specific or specified person.

•   Law of Torts deals with the “Right in Rem”.
•   Contract Act deals with the “Right in Personum”.

Damage:

It actually means harm or loss suffered or presumed to be suffered by a person as a result of some wrongful act by another person.

Types of Injuria

There are two types of injuria:

•   Injuria Sine Damno
•   Damnum Sine Injuria

• Injuria sine damno means injury without loss or damage.i.e. case of Ashby V. White. It is actionable perse.

• Damnum sine injuria means damage without injury or actual loss without infringement of any legal rights. It is unactionable perse.

Remedy of Damages:

Law of Torts provides remedy or damages to injured party by way o monetary compensation or financial compensation. Wrong doers compensate injured party.

Remedy or damages means the sum of money awarded by court to compensate damage is called damages or remedy.

Kinds of Law of torts

There are three kinds of Law of Torts.

1.     Mal-feasance

2.     Mis-feasance

3.     Non-feasance

Mal-feasance

It is to do an act or some acts which are unlawful in it. Like: to sale wine.

Mis-feasance

It is to do an act or acts in some improper way or in unlawful way. Like: misuse of authority.

Non-feasance

It is an omission of an act or some act or omission to do something by which a person is under liability or bound to do. Like: to feed the prisoners is the duty to which he is bound to do, if that person omits that act that would be his omission to do any act for which he was liable.