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Kinds of tort

                                            KINDS OF TORT.

Tort in Latin is called as "Tortum" which means to twist, which basically means wrong doings. Tort is civil wrong which means it infringes the right of a person or a group of person but in a criminal action, the crime is committed against the society as a whole. Unlike criminal cases, in civil wrong, it depends on the choice of a claimant that he wants proceedings or not there is no compulsion. As per Salmond definition of defined Torts as, “It is a civil wrong for which the remedy is common law action for unliquidated damages and which is not exclusively the breach of the contract or the breach of the trust or other merely equitable obligation.”

Torts can be broadly divided into three category on the wrong-doing caused, these are as under:

1. Intentional Torts.

Intentional torts are wrongful acts done on purpose. The term negligence on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty owed, while refers to situations where a party is liable for injuries no matter what precautions were taken.

Although it may seem like an intentional tort can be categorized as a criminal case, there are important differences. A crime can be defined as a wrongful act that injures or interferes with the interests of society. In comparison, intentional torts are wrongful acts that injure or interfere with an individual’s well-being or property.

Examples of intentional torts

  • Assault

  • Battery

  • False imprisonment

  • Conversion

  • Intentional infliction of emotional distress

  • Fraud/deceit

  • Trespass (to land and property)

  • Defamation

 2. Negligent Torts

Negligence is a civil tort, it refers as when a person breaches his duty of care which he owed to another due to which that other person suffers some hard or undergoes some legal injury. In layman's terms, Negligence can be explained as the failure of discharge or the omission to do something due to careless behaviour, it is essential to show here that the there was no additional duty of care required, a person failed to was negligent in exercising the reasonable level of care that one with an ordinary prudence would have.

Example of Negligence

A driver who runs a stop sign causing an injury crash. A store owner who fails to put up a “Caution: Wet Floor” sign after mopping up a spill. A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.

3. Strict Liability

Strict, or “absolute,” liability is committed under this category a person is considered to be liable irrespective of his intention to commit the wrong-doing. These Torts are of such strict nature that, the courts deem it be fit to rule out the need for proving intention here, Where it does not matter whether there was intent or a duty breached, the defendant is liable because the matter is so important. Strict Liability typically applies to product liability. For example, if a defective product caused an injury, then the manufacturer or store that sold it could be held liable. 

       In lawsuits such as these, the injured consumer only has to establish that their injuries were directly caused by the product in question in order to have the law on their side. The fact that the company did not “intend” for the consumer to be injured is not a factor.

It has often been discussed whether the law of torts in India is necessary or not. The courts in India have often taken the stand that Tort law is essential in India and is conducive for the growth and development of the society. Compensation can be awarded in different form which can be best suited to plaintiff.  

 Types of compensation can include-

  • Medical Bills

  • Lost Wages

  • Wrongful Death

  • Pain and Suffering


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