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1.Nature, Scope & Objective of Law of Torts

1.Nature, Scope & Objective of Law of Torts

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1. Evolution, Definition, Nature, Scope and
1. Evolution, Definition, Nature, Scope and

Object
Object
of Law of Torts

of Law of Torts

C J Rawandale,
C J Rawandale,

Associate Professor
Associate Professor

29-06-2008

C J Rawandale, Associate Professor

Email: cjrawandale@

live.in

2

1.1.

A wrongful act violation of duty imposed by law duty which is owed to

people generally (in rem)

1.2

Tort distinguished from crime and breach of contract

1.3

The concept of unliquidated damages

29-06-2008

C J Rawandale, Associate Professor

Email: cjrawandale@

live.in

3

Introduction

The word ‘tort’is the French equivalent of the English word ‘wrong’and

Roman term ‘delict’.

It is derived from the Latin word ‘Tortum’which means ‘twisted’or ‘crooked’

act, i.e. a deviation from straight or right conduct.

29-06-2008

C J Rawandale, Associate Professor

Email: cjrawandale@

live.in

4

In Jai Laxmi Salt W

orks (P) Ltd. V. State of Gujarat, (1994) 4 SCC 1,

Sahai, J. observed:

“Truly speaking entire law of Torts is founded and structured on morality

that no one has a right to injure or harm intentionally or even

innocently”.

In Fairchildv Glenhaven Funeral Services Ltd[2002] UKHL 22; [2003] 1

A.C. 32, Lord Bingham of Cornhill said:

“the overall object of tort law is to define cases in which the law may justly

hold one party liable to compensate another”.

29-06-2008

C J Rawandale, Associate Professor

Email: cjrawandale@

live.in

5

The main aims of law of tortsare:

1.to define individual’s rights and duties in the light of prevalent standards of

reasonable conduct and public convenience.

2.compensation of victim/s or their dependent/s.

29-06-2008

C J Rawandale, Associate Professor

Email: cjrawandale@

live.in

6

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