DE NOVA LAW ASSOCIATES

Types of Torts


Date : 26/03/2023

1. Intentional Torts -  A tort caused by an intentional wrongful act by the other person/ group of persons (i.e the defendant) is called as an Intentional Tort. These include acts such as Assault, Battery, Trespass, false imprisonment, slander and libel.

2. Negligent Torts -  a wrongful act caused by the negligence of another person/ group of persons is called Negligent Torts. These include incidents which usually occur because a person has failed to behave with the level of care that a person with an ordinary prudence would have done. It is essential to show here that the there was no additional duty of care required, a person failed to was negligent in exercising the reasonable level of care that one with an ordinary prudence would have. Such torts include negligent harm to the body or the property of a person. For eg - if a person has negligently disobeyed the traffic rules and caused an accident, he is liable under negligent torts.

3. Torts under Strict Liability -  In the torts committed under this category a person is considered to be liable irrespective of his intention to commit the wrong-doing. These Torts are of such a strict nature, that the courts deem it fit to rule out the need for proving intention here. Usually such torts include acts of production of defective goods and medicines which cause a serious injury to the life of the consumer. In such cases, it is not only the manufacturer who is held liable but all those involved in the supply chain of the faulty product as considered to be liable until it is established who was indeed at fault.

Torts and India
It has often been discussed whether the law of torts in India is necessary or not. The courts in India have often taken the stand that Tort law is essential in India and is conducive for the growth and development of the society. The courts and the government have recognized the importance of torts in their rulings by rewarding exemplary damages in case of negligence, providing compensation to the victims of rape, recognizing governmental torts i.e. torts by government employees. However, the knowledge of Torts and its use is not very popular among the general public, primarily because it is not codified. It is hence essential to highlight the basic principles and concepts of Torts where a person can understand his rights and liabilities under the Tort laws.



Please login to add comments.



Share in whatsapp