Introduction- The word “tort” is originally derived from the Latin term “tortum” which means injury or damage. The common law system introduced the law of tort, to deal with the civil wrongs committed to any person. There are two parties in cases of tort, one, whose rights were compromised (plaintiff) and the other who has done so (defendant), tort law tries to provide remedies to the plaintiff to compensate the damages caused to him, and tort could only be invoked in case of legal wrong not otherwise.
Aspects-
There are many aspects of the law of tort, on infringement of which the plaintiff could gain the benefit of the law of tort, but all of these aspects should come under the ambit of civil wrong, except the contractual wrongs or breach of trust. Following are a few aspects of the law of tort.
- Tortuous act- The law of tort deals with all types of civil wrong (except a few) whether it is done with the intention or mere negligence, it considers the fulfilment of damages of the plaintiff as its primary objective.
- Intentional act- When a party does an act injurious to another with an intention of causing so, then such act is called an intentional act. Defamation and trespass is a good example of intentional acts of tort.
- Act on Negligence- Tort law does not give the benefit of a negligent act to the person committing so, it punishes such a person by compelling him to pay damages for injury caused by him to the plaintiff. There are many types of negligent acts which were considered tortuous act by various judicial judgements such as the duty to do an act or the duty to care. The act of negligence is not punished for the defendant’s wrongs but for the damages which were caused by him to the plaintiff, and to understand this fact the tort law assignment help in Australia is often taken by students.
- Liability and defence in the law of tort- There are various acts which were considered as the act of tortuous wrong for which the defendant is liable, and there are defences also, which could be invoked by the defendant for his benefits.
- Strict liability- The strict liability case arises where there is a responsibility on the part of the defendant and the defendant missed to perform so, in the cases of strict liability there is no defence for the defendant and the plaintiff need not prove the wrong done by the defendant. Ryland v. Fletcher is a good example of strict liability.
- Defence- There are two types of defence provided to the defendant in the law of tort first is “volenti non fit injuria” which means the plaintiff knew about the risk involved in the act but voluntarily did the act and got injured, and the second is Contributory negligence which means, that the plaintiff has contributed in the act and got injured, in both the cases the defendant is not liable to pay damages to the plaintiff.
- Provides remedies- Law assignment help which is provided to students, often highlights the remedies which are provided in the law of tort, court provides the remedies in form of damages for the injury which were caused by the defendant to the plaintiff.
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