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Law Of Torts Questions and Answers

The word ‘Tort’ is derived from latin term 'tortum' which means ‘to twist’ or a deviation from straight or right conduct and includes that conduct which is not straight or lawful.

Law of Torts is the branch of law controlling the behaviour of people in the society. It is a growing branch of law and its main object is to define individual rights and duties in the light of prevalent standards of reasonable conduct and public convenience. It provides pecuniary remedy for violation against the right of individuals. The entire Law of Torts is founded and structured on the principle that, ‘no one has a right to injure another intentionally or even innocently.

A tort is an infringement of a right in term of a private individual, giving a right of compensation at the suit of the injured party.

Law of Tort is bundle of rules which regulates the external behaviour of individuals in society.

Law of Torts is very important topic for preparation of MH Law CET, CLAT, AILET and all LLB Entrance exams preparation. It is key topic in Legal Aptitude/ Legal Awareness of LLB Entrance exams.

Q - What are necessary constituents of a tort?

There are four essential elements of torts. They are:

• A wrongful act or omission.
• Duty imposed by the law.
• The act must give rise to legal or actual damage
• Should be of such a nature that it will bring about a legal remedy in the form of action or damages.

Q - Explain A wrongful act or omission!

A legal wrongful act is the one that puts an impact on one’s legal right, the wrongful act must be one recognized by law, and the act must be in violation of the law to be a legal wrongful act.

An act which may consider prima facie innocent and free from injury, but it may also end up breaching someone’s rights.

Q - Explain Duty imposed by the law!

A duty of care is one which is imposed on every individual and requires a standard of reasonable care that he could see as being harmful towards others. Hence, a duty imposed by law is a duty which is legally enforceable in the Indian courts.

Q - Explain Tort “The act must give rise to legal or actual damage”!

The wrongful act must give rise to legal damage to a person, that is, the plaintiff. Legal damage means there no physical damage but the act violated legal right of plaintiff.

Physical damage means the complainant must suffer actual damage means there must be damage in terms of health, money etc.

Q - Explain legal remedy in the form of action or damages.

Under the Law of Tort, legal remedies are of two types, Judicial remedies and Extra-Judicial remedies.

Judicial remedies are those which can be obtained through court of law. They are damages, injunction and specific restitution of property.

Extra-Judicial remedies can be availed outside the court through self help. They are abatement of nuisance, recaption of goods, distress damage feasant, expulsion of trespasser and re-entry on land.

Continue reading Part 2 of Question and answers on Law Of Torts.

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