Tort

June 8, 2024

A tort in Indian law refers to a civil wrong or injury inflicted on one person by another, giving rise to a legal claim for damages or other remedies. Torts encompass a wide range of wrongful acts or omissions, including negligence, intentional misconduct, and strict liability, which result in harm to an individual’s person, property, or rights. Common types of torts include personal injury, defamation, nuisance, trespass, fraud, and interference with contractual relations. Torts may be classified as intentional torts, where the defendant acts purposefully to cause harm or injury, or as negligence, where the defendant fails to exercise reasonable care, resulting in foreseeable harm to others. Strict liability torts impose liability on defendants without proof of fault, based on their involvement in inherently dangerous activities or products. Tort law in India is primarily judge-made law, based on common law principles, judicial precedents, and statutory provisions. The law of torts seeks to compensate victims for losses suffered, deter wrongful conduct, and allocate responsibility for harm among parties in accordance with principles of fairness, justice, and social policy. Tort litigation plays a significant role in the Indian legal system, providing a means of redress for individuals aggrieved by the wrongful actions of others and promoting accountability and deterrence in civil society.

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