What is tort law ?

What is tort law ?

What is tort law ?

What is tort law?

Generally tort law is a civil wrong. Tort is an act that give rise to injury or harm to other party and for which court impose liability for that amount of a civil wrong. It is different from criminal and contract law.

 According to Salmond,”Tort is a civil wrong for which the remedy is unliquidated damages.

Tort law cases involved harmed Party seeking the compensation for any damage they have acted( property loss, harm and suffering.) A wrongful act may be both a criminal and tort. A victim can recover more financial damage from a civil case than a criminal case.

Importance

If there is any civil law in the world to fight for making civilization, disciplined for civilization in the society, it is a tort law. Nepal has just been introduced. If we make that law effective our society will improve more rapidly.

In Nepal, for the first time in 2074,The law on misconduct was introduced in the Civil Code. The good thing about this law is that it is written in the code that the theory will be applicable according to section 672 of misconduct law. So it is important for law of tort.

For example., accident is considered as tort law. If the person died, the case considered as criminal law, but at the same time compensation falls under tort law, which is universally practised.

Types of tort.

However, there are three types of tort they areviz;

  1. Intentional tort:-Here,”intent” means either purpose or knowledge with substantial certainty,” Cause” in an intentional tort need only be “actual cause” that is but for the defendant’s act the tortious result would not have performed. The plaintiff need not to prove proximate cause which would indicate the result of the Defendant Act was reasonably foreseeable.

Category of intentional tort are.

Battery,

Assault ,

False imprisonment,

Deceit ,

Defamation,

Trespass to land,

Trespass to property /chattel,Conversion ,

Intentional infliction of emotional distress.

  1. Negligence: As we know, it is the third step of mens Rea according to criminal law. Actually in this, the person know the result of the act. Failure to adhere this standard is known as Negligence. For example. A man playing withKhukhuri in the mass area knowingly that it could harm/injure someone, he had acted negligently. If he hit someone. He has committed a negligence tort, and likely, owe the victim for their losses.

Categories of negligence tortincludes.

Car accident, medical malpractice, bicycle accident, pedestrian accident ,motorcycle accident, truck accident, etc.

3.Product and strict liability:- In tort cases, It exist when a defendant is liable for committing an act, regardless of what he or she was intended when committing an action.

Three main categories.

Defective product.

Unreasonable danger.

Ultrahazardous activities.

How can you strict liability?

A plaintiff can sue under a theory of strictliability need to show that there was a defect, that the defect actually caused the plaintiff’s and that defect made the unreasonable danger.

Not only the buyer of the Product, but also the guest and the other who do not have a direct relationship with the product can sue for product and strict liability if they are injured by the product.

Conclusion: It is a civil wrong that give rise to injury to other party and the court impose some amount of liability and help to recover financially. The remedy for the damage inthis law is unliquidated.

In some cases, a victim or injured party can recover reasonable cost of litigation when the other party refuses a fair settlement offer.

 

Garima Yadav

Currently student at chakrabatiHabi educational academy 5th year

 

 

 

 

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