Understanding Tort Law – The Law of Civil Wrongs

Tort Law is an essential part of civil law in India. It deals with situations where one person’s wrongful act or omission causes harm, injury, or loss to another person. Unlike criminal law, which punishes the offender, tort law focuses on compensation to the injured party.

The primary objective of tort law is to restore the victim to the position they were in before the wrong occurred. It ensures accountability and fair dealing in civil society.

What is a Tort?

The word tort comes from the Latin term tortum, meaning “twisted” or “wrong.”
A tort is a civil wrong (other than breach of contract or breach of trust) for which the court provides a legal remedy, usually in the form of damages or injunction.

To establish a tort, three essential elements are needed:

1. A wrongful act or omission

2. Legal damage or injury

3. A direct connection between the act and the harm

Common Types of Torts in India

1. Negligence: Failure to take reasonable care, resulting in injury or damage (e.g., medical negligence, road accidents).

2. Defamation: Making false statements that harm another person’s reputation.

3. Trespass: Unauthorized interference with another person’s property or rights.

4. Nuisance: Unlawful interference with the enjoyment of property (e.g., noise, pollution).

5. Strict Liability & Absolute Liability: Holding a person liable for damage caused by inherently dangerous activities, regardless of fault (e.g., hazardous industries).

Important Judgments in Indian Tort Law

1. M.C. Mehta v. Union of India (1987 AIR 965, Oleum Gas Leak Case)
   – The Supreme Court established the principle of absolute liability for hazardous industries, strengthening public protection.

2. Donoghue v. Stevenson (1932 AC 562) – Though a UK case, it laid the foundation for negligence law worldwide, influencing Indian tort jurisprudence.

3. Jay Laxmi Salt Works v. State of Gujarat (1994 AIR 222)
   – The State was held liable for damages caused due to negligence in maintaining embankments.

Why Tort Law Matters

Tort law helps build accountability in society. It protects individuals from wrongful conduct, encourages responsible behaviour, and ensures that victims of negligence or defamation are compensated.

For example, a patient who suffers due to medical negligence or a citizen whose reputation is damaged by false allegations can seek civil remedy under tort law in District Courts.

Remedies under Tort Law

• Damages (Monetary Compensation) – For loss or injury suffered

• Injunctions – To prevent ongoing or future harm

• Apology or Correction – In defamation cases

Disclaimer:

This article is for informational purposes only and does not constitute legal advice. For specific guidance on your case, please consult a qualified advocate.