Tort, tort types, examples & landmark cases.

Definition of Tort

A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. It is a breach of a duty imposed by law, which gives rise to a civil right of action for damages or other relief.

Types of Torts

*1. Intentional Torts*

These are torts that are committed intentionally, such as:

- *Assault*: Threatening to harm someone, e.g., raising a fist.

- *Battery*: Physically harming someone, e.g., punching.

- *False Imprisonment*: Restricting someone's freedom, e.g., locking someone in a room.

- *Defamation*: Making false statements that harm someone's reputation, e.g., spreading rumors.

*2. Negligent Torts*

These are torts that result from a failure to exercise reasonable care, such as:

- *Negligence*: Failing to act with reasonable care, e.g., causing a car accident.

- *Professional Negligence*: Failing to meet professional standards, e.g., a doctor's medical malpractice.

*3. Strict Liability Torts*

These are torts where liability is imposed regardless of fault, such as:

- *Product Liability*: Liability for harm caused by a defective product, e.g., a faulty toy.

- *Occupiers' Liability*: Liability for harm caused to visitors on one's property, e.g., a slippery floor.

Examples

- *Rylands v. Fletcher (1868)*: A classic example of strict liability, where a defendant's reservoir burst and flooded a neighbor's mine.

- *Donoghue v. Stevenson (1932)*: A landmark case establishing the duty of care in negligence cases, where a woman found a snail in her ginger beer.

- *Indian Railways v. Sudhakar (2004)*: An Indian case where the Supreme Court held the railways liable for injuries sustained by a passenger due to negligence.

India Jurisprudence

In India, tort law is governed by various statutes, including:

*1. The Indian Penal Code, 1860*

Deals with criminal wrongs, but some provisions have tortious implications.

*2. The Law of Torts*

A comprehensive law that covers various types of torts, including negligence, defamation, and strict liability.

*3. The Consumer Protection Act, 1986*

Provides remedies for consumers who suffer harm due to defective products or services.

*4. The Motor Vehicles Act, 1988*

Regulates liability for accidents caused by motor vehicles.

Indian courts have also developed jurisprudence on tort law through various judgments, including those mentioned above.

Landmark Cases in Indian Tort Law

- *M.C. Mehta v. Union of India (1987)*: A landmark case on environmental torts, where the Supreme Court held that the state has a duty to protect the environment.

- *Charan Lal Sahu v. Union of India (1990)*: A case on negligence, where the Supreme Court held that the state is liable for damages caused by its negligence.

- *Common Cause v. Union of India (1999)*: A case on public interest litigation, where the Supreme Court held that the state has a duty to protect the rights of citizens.