What is Tort?


Tort is infringement of a right in rem. A tort is simply a civil wrong. There are three general types of torts that may cause injury to another person. In civil law, torts are grounds for lawsuits to compensate a grieving party for any damages or injuries suffered. Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. 
Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others (McCarthy & Cambron-McCabe, 1992).Torts ‘Actionable perse’ are those torts In which the plaintiff can sue even though he has suffered no actual loss. An appropriate remedy for tort is an action for Unliquidated damages. Salmond has propounded the ‘Pigeon Hole Theory’ related to law of torts.

Types of Torts

Intentional Torts: An intentional tort is when an individual or entity purposely engages in conduct that causes injury or damage to another. For instance, striking someone in a fight would be consider an intentional act that would fall under the tort of battery; whereas accidentally hitting another person would not qualify as “intentional” because there was no intent to strike the individual (…however, this act may be considered negligent if the person hit was injured).

Negligence: There is a specific code of conduct which every person is expected to follow and a legal duty of the public to act a certain way in order to reduce the risk of harm to others. Failure to adhere to these standards is known as negligence. Negligence is by far the most prevalent type of tort.There is a children’s school by the side of a highway. While classes are going on, two children of the school stray on the highway. A truck is moving on the highway at narmal speed. While trying to avoid hitting the children, the truck collides with a bullock-cart. One person is injured, the bullocks die and the truck is also damaged. The school administration would be liable because they were negligent.

Strict Liability: Strict liability under law of torts means liability without the need to establish fault. Strict, or “absolute,” liability applies to cases where responsibility for an injury can be imposed on the wrongdoer without proof of negligence or direct fault. What matters is that an action occurred and resulted in the eventual injury of another person.

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