Under the literal meaning of Law of Tort, law means a collected set of rules and tort means damage i.e. loss. This is not an act. But these are the rules made by the society from time to time which have been implemented according to the knowledge of many years. This is also because if any loss has been caused to you or any harm has been caused to your rights then it will be applicable. LAW OF TORT
Like A has a cat and he used to go for a walk with it every day. And one day, while he was walking in a park, a cat bit C with its paw. Since the cat belonged to A, A is responsible for it and A will have to compensate.
It is a civil wrong which involves loss and violation of someone’s rights. The one who has committed a tort is called a tortfeasor.
In tort, the act is wrong but the mistake is not done knowingly, that is, when an act is done by mistake, it will come under tort and it has to be compensated.
We can also call Tort a mistake but this is not absolutely correct.
Now we are going to tell you its principal.
INJURIA SINE DAMANO-
In this, injuria means injury, sine means without any reason and damano means damage, which means loss, i.e. when someone’s rights are violated by someone without causing any harm, then it comes under this. LAW OF TORT
For example, if A violates any right of C but C does not suffer any loss, still he can file a case. We explain this through a case.
Ashby V white
During the election time, White did not allow Ashby to vote on the election day and hence Ashby filed a case against White that White has violated my rights by not allowing me to vote and I want compensation for this.
White proved in the court that its candidate had won even without voting, hence it made no difference whether he voted or not.
The court ruled that Ashby’s rights were violated in this case, whether he suffered any loss or not, hence White would be obliged to pay it. LAW OF TORT
Damno sine injuria-
Damno means damage, sine means without, injuria means injury or violation of rights. That means you cannot file a case for causing harm without violating rights.
There is a case of this which is from Gloucester Grammar School, according to this-
A teacher who taught at Gloucester Grammar School opened his own school, due to which the students of this school moved to that school. Gloucester Grammar School suffered huge losses and Gloucester Grammar School filed a lawsuit against that teacher, in which it was decided that If someone suffers loss without violation of rights, no one can claim compensation.
Generally a person is responsible for the actions done by him but sometimes he has to be responsible for the wrong actions done by others also, this is called vicarious liability.
This applies to the following.
According to this between the master and the servant, if the servant does any wrong act then the master will be responsible for it.
Principal and Agent –
According to this, if an agent is doing any work on behalf of his principal, then the principal will be responsible for all the work done by the agent. LAW OF TORT
Partnership Firm –
If two or more people run a firm together, then the other will also be responsible for the wrongdoings done by one partner.
One case in which is Hamlayan vs John Houston
John gave money to Hamalyan’s clerk and took out his private information and took advantage of it. Hamalyan came to know about this and he filed a suit against John Houston. Houston protested that he was not aware of this, hence he was responsible for it. Is not liable but the court said that both will get benefit because both are partners hence both are responsible for it.
Vicarious liability of state –
The definition of State is given in Article 12 of the Indian Constitution. This is very important because if fundamental rights are violated, we can go against the state.
Now let us tell you that the definition of State has been given in Article 12 which is as follows.
The following are included in the state.
Indian Parliament and Government
State Governments and Legislatures
Officers within the State of India and all local authorities under the Government of India
It is stated in this that if you suffer any loss due to a government employee, then the government is responsible for it. This is stated in English law as per the Crown Proceedings Act 1947.
But there is no tort act in India but it was decided in this case. Government is responsible in some cases and not in some cases.
Vidyawati vs State of Rajasthan
In this case, a person had an accident with the help of the Collector of Udaipur. He was given a jeep and driver by the government. Later, the person who was a relative of Vidyawati died and he filed a suit and the court gave a decision in his favor and asked the government to pay compensation. LAW OF TORT
Rajasthan State filed an appeal and went to the Supreme Court and the Supreme Court also accepted it as correct and according to that also the government is responsible for this because it happened in a government vehicle, hence the government i.e. the state of Rajasthan will have to pay compensation for it.