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Preeti Dabral 2 years ago
In simple words, Tort is a Qvil/Legal Wrong. Tort Law is one of the important branches of Civil Law. The term 'Tort' means a wrongful act committed by a person, causing injury or damage to another, thereby the injured institutes (files) an action in Civil Court for a remedy viz., unliquidated damages or injunction or restitution of property or other available relief. Unliquidated damages means the amount of damages to be fixed or determined by the Court.
The person who commits or is guilty of a tort is called a "tortfeasor". (Gordon v. Lee, 133 Me. 361, 178 A. 353, 355). The person who suffered injury or damage by a tortfeasor is called injured or aggrieved.
Tort is a common law term and its equivalent in Civil Law is "Delict".
In general, the victim of a tortious act is the plaintiff in a tort case.
As a general rule, all persons have the capacity to.sue and be sued in a tort.
Tort Law provides an avenue for an injured person of a remedy. It does not provide a guarantee of recovery.
Sources of law: Tort law in India, like her common law counterparts, stems from both statute and common law.
Statutes: Similar to other common law countries aspects of tort law have been codified. Furthermore, the Indian Penal Code criminalizes certain areas of tort law.
Common law: As tort law is a relatively young area of law in India, apart from referring to local judicial precedents, courts have readily referred to case law from other common law jurisdictions, such as UK, Australia and Canada.
Relevant local customs and practices: However, attention is given to local socio-cultural practices and conditions in applying foreign legal principles. The legislature have also created statutes to provide for certain social conditions.
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