Saturday, 17 November 2012

Law Relating To Tort

Law relating to tort is an Uncodified (unwritten law), based on various general principles of Law

Tort (in French) means Wrong (English) or Civil Wrong for which no Remedy is provided by Law.

Wrongs are of Two Types:-
Civil Wrong (Private Wrong):- Wrong done to a particular person, for which Remedy is provided by Law.

Criminal Wrong (Public Wrong):- Wrong done to Entire Society. i.e. Tort deal only with that sorts of civil wrong for which there is no remedy in Law means it cant deal with Criminal Wrong or Civil wrong(for which there is remedy in Law).

Examples of Tort:

Passing off: - trespassing someone's property.
Rediff Communication Limited vs Cyberbooth.

General Condition of Law: 
Must be wrongful act or omission on the part of defendant.
Must be wrongful act or omission must result in causing the legal damage to the plaintiff.
Wrongful act or omission must be of such a nature as to give rise to legal remedy.

Legal Damage
Damnum Sine Injuria is not recognized.
Injuria sine damnum is recognized.

Kinds of tortious Liability
Strict Liability (origin of absolute liability) in U.K or absolute liability (in India)
Vicarious Liability.

For more information just go one step on: http://en.wikipedia.org/wiki/Rylands_v_Fletcher

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