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As a technical term of English law, tort has acquired a special meaning as a species of civil injury or wrong. Till about the middle of the seventeenth Century tort was an obscure term, at a time when procedure was considered more important than the right of an individual.
This emphasis on procedural aspect for determining the success for a case continued for some years, tillwhen the Common Law Procedure Act was passed and primacy of substance over the procedure gradually gained firmer ground.
It is expected out of everyone to behave in a straightforward manner and when one deviates from this straight path into crooked ways he is said to have committed a tort. Hence tort is a conduct which is twisted or crooked and not straight.
Though many prominent writers have tried to define Tort, it is difficult to do so for varied reasons. The key reason among this being, that the law of Torts is based on decided cases. Judges while deciding a case, feel their primary duty is to adjudge the case on hand rather than to lay down wider rules and hence they seldom lay down any definition of a legal term.
Furthermore the law of tort is Economic concepts of vicarious liability growing. If a thing is growing no satisfactory definition can be given. Tortuous Liability It is pertinent to understand what is meant by tortious liability or rather the nature of tort law in order to understand its utility.
So a tort came, in law to refer to that particular class of wrongs for which an action in tort was recognized by the courts of common law as a remedy and to lose the generic sense of wrong which it may have helped in popular use.
Another interesting result of this association of the word with a form of action was that it came to refer also to the liability of a person who did not commit any tort or wrong, e.
Tort as we know today has evolved over the centuries and has grown tremendously in countries such as the England, United States of America, and other progressive countries and to a certain extent in India.
The main study in this article however would revolve around two aspects of this branch of law, firstly, whether the law of tort in India is unnecessary and secondly, whether the law of torts has been simply overlooked. Before moving on to the core subject it would be essential to fully understand the meaning of the term tort in the Indian context.
The punishment of crimes in these systems occupied a more prominent place than compensation for wrongs. The law of torts in India presently, is mainly the English law of torts which itself is based on the principles of the common law of England.
However the Indian courts before applying any rule of English law can see whether it is suited to the Indian society and circumstances.
The application of the English law in India has therefore been a selective application. In this context, in M. We cannot allow our judicial thinking to be constructed by reference to the law as it prevails in England or for the matter of that in any foreign country.
We are certainly prepared to receive light from whatever source it comes but we have to build our own jurisprudence. In regard to suits for damages for torts, courts followed the English common law insofar as it was consonant with justice, equity and good conscience. They departed from it when any of its rules appeared unreasonable and unsuitable to Indian conditions.
An English statute dealing with tort law is not by its own force applicable to India but may be followed here unless it is not accepted for the reason just mentioned. Therefore, it would be primitive to close strictly or close finally the ever expanding and growing horizon of tortious liability.
Even for social development, orderly growth of the society and cultural the liberal approach to tortious liability by court would be conducive. J dispels any illusions as to the necessity of the law of torts.Judges have consistently insisted that vicarious liability and non-delegable duty are separate and distinct concepts and should remain so.
Yet, judging from recent judicial developments, the two appear to be moving ever closer to each other. The standard for employer liability for hostile work environment harassment depends typically on whether or not the harasser is the victim’s supervisor.
Find definitions and summaries of s of management terms, MBA concepts, methods, models, theories and approaches. Business management glossary. Torts In India: The term tort was introduced into the terminology of English Law by the French speaking lawyers and Judges of the Courts of Normandy and Angevin Kings of England.
Legal Documentation. Below, you’ll find legal documentation for all benjaminpohle.com products & services. End User Licence Agreement. a) Explain the economic logic behind laws related to the concept of vicarious liability. The simple definition of vicarious liability is where an individual or firm can be held responsible for torts committed by another, the most common case for that is of employers and employees.