The laws of Tort

Concept of Tort Law:

Tort is a French word. Its equivalent English word is 'wrong'. In Roman, it is called 'delict'. The phrase 'Tort' is derived from the Latin word 'Tortum' which means 'twisted' or 'crooked'. The word intends to say that there is a deviation from the normal, straight or correct conduct. It entered into English Law by the usage of the French-speaking English lawyers and judges, particularly from the Courts of Normandy and Angevin Kings of England. It was a mere obscure term till the middle of the 17th century. A tort, in common law jurisdictions, is a civil wrong that causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act.
A tort arises due to a person‟s duty to others in generally which is created by one law or the other. A person who commits a tort is known as a tortfeaser, or a wrongdoer. Where they are more than one, they are called joint tortfeaser. Their wrongdoing is called tortuous act and they are liable to be sued jointly and severally.

Aims of Tort Law:

The principle aim of the Law of tort is compensation of victims or their dependants. Grants of exemplary damages in certain cases will show that deterrence of wrong doers is also another aim of the law of tort.

Objectives of the law of torts:

There are so many objectives of the Law of Tort but the core objectives are-

i. To determine rights between parties to a dispute.
ii. To prevent the continuation or repetition of harm e.g. by giving orders of injunction.
iii. To protect certain rights recognized by law e.g. a person's reputation or good name.
iv. To restore property to its rightful owner.

Constituents of Tort:

The law of tort is fashioned as an instrument for making people adhere to standards of reasonable behavior and respect the rights and interests of one another. A protected interest gives rise to a legal right, which in turn gives rise to a corresponding legal duty. An act, which infringes a legal right, is wrongful act but not every wrongful act is a tort.

 To constitute a tort or civil injury therefore:

1. There must be a wrongful act or omission.
2. The wrongful act or omission must give rise to legal damage or actual damage and;
3. The wrongful act must be of such a nature as to give rise to a legal remedy in the form of an action for damages.

Basic Elements of Tort:

1. Demonstrating that the defendant had a duty to observe or protect the safety of the plaintiff
2. The defendant breached that duty and endangered the health and safety of the plaintiff
3. The plaintiff suffered injury in some form
4. The plaintiff’s injuries were caused by the negligence of the defendant.
Injured parties may be able to pursue legal action to gain compensation for present and future medical expenses, lost wages, and mental and emotional trauma.