Comprehension

The word ’tort’ is a French word equivalent of English word ’wrong’. The word tort is derived from Latin word Tor tum. Thus, simply stated ’tort’ means wrong. But every wrong or wrongful act is not a tort. Tort is really a kind of civil wrong as opposed to criminal wrong. ” Tort” means a civil wrong which is not exclusively the breach of a contract or the breach of trust. The distinction between civil and criminal wrongs depends on the nature of the appropriate remedy provided by law. In general, a tort consists of some act or omission by the defendant (tortfeasor) whereby he has without just cause or excuse caused some harm to plaintiff. Thus, every person whose legal rights, e.g ., right of reputation, right of bodily safety and freedom, and right to property are violated without legal excuse, has a right of action against the person who violated them, whether loss results from such violation or not. It is not every damage that is a damage in the eye of law. It must be a damage which the law recognizes as such. In some torts, the defendant is liable even though the harm to the plaintiff occurred without intention or negligence on the part of defendant. In other words, the defendant is held liable without fault. It is called strict or Absolute liability. An employer is liable whenever his servant or agent commits a tort in the course of his employment. An act is deemed to be done in the course of employment if it is either: (i) a wrongful act authorized by the employer, or (ii) a wrongful and unauthorized mode of doing some act authorized by the employer. The act is called as vicarious liability.

Questions Asked in TS LAWCET exam

View More Questions