The word tort has been derived from the Latin word tortum which literally means twisted. People may not know this, but they encounter this law in their everyday lives. Like any other law, this too has certain rules that it imposes on people that they must follow so that the society can function in accordance with law.
Tort law is also known as Civil law and the offences committed under this category have a few common features:
- A violation of the duty prescribed by law occurs.
- This is more a private or a civil wrong that a criminal one.
- Emphasis is on compensating in the form of unliquidated damages rather than punishing the offender. Unliquidated damages refer to the damages whose value cannot be calculated or determined beforehand. These values are determined after the offence has been committed.
Torts can be said to be very common crimes witnessed in our everyday life or something of very much significance, but which do not come under criminal law. Whereas in criminal law, the offence is against the society at large, in case of civil law, it is against a person or a group of persons. For example, A plays loud music late at night, and does this every day.
This activity of his troubles B and he cannot sleep at night. Therefore, he lodges a complaint against A. here A is liable for nuisance because his activity troubled A. This crime comes under civil law because A playing music troubled B but not the entire state altogether.
Also, students need to understand that civil law is different from contract law in the fact that the wrongs in the former are done upon the violation of a civil duty while the wrongs in the latter are done on the breach of contract that the person undertook voluntarily.
There are a few basic points about tort law that students must understand for law assignment help:
- This law is not codified except a few of them.
- The tort law has only two parties concerned- one against whom the offence has been committed and one who has committed the offence.
- Malice is of less or no importance in case of the law of torts as it is in criminal law. There lies an exception of malicious prosecution wherein malice is important in civil law.
- The compensation provided in case of a civil wrong is not pre-determined, that is, unliquidated damages are provided, as opposed to criminal law.
- Unlike the criminal law, the civil law is of less grave nature and the liability can sometimes be waived off. This law is of binding nature.
These are the basic points of understanding in civil law, which must be understood for effective assignment help. Further it is to be noted that two conditions are essential for torts to have been committed:
- A wrongful act must have been committed either because of omission or commission of an offence. Omission means when you were bound to do an act but did not do it. Commission means doing of an act that has caused wrong to the other person.
- The wrongful act of omission or commission must have caused a legal injury to the other person.
The torts can be of several types:
- The offence committed due to acts of omission, that is, when a person fails to perform his duties or violates someone’s rights.
- The offence committed is due to failure of a person to perform his duty and this non-performance renders harm upon the other person.
- The torts which do not have any legal remedy post their violation. For example, if during a police encounter, the glasses of the door are damaged, the police will not be liable to pay for them.
- Two phrases- Injuria Sine Damnum and Damnum Sine Injuria. The former means that the act of civil wrong has been committed but resulted into no damage while the latter means the opposite, that is, damage has happened to the person but without the violation of the person’s legal right.
In most of the cases of civil law, it is not necessary that the act has been done intentionally or accidently if the offence has been committed. For example, a person may accidently trespass into the property of the other person but still he has committed a civil wrong. Intention holds importance in cases of malicious prosecution.
Another point that the students must remember while studying for the law assignment help is that the person who has committed the offence or who has been sued is the defendant and the person who files the case is the plaintiff. The defendant may sometimes also be called a tortfeasor.
In cases of civil wrongs, it is the responsibility of the plaintiff to prove that the defendant has committed the tort and is the tortfeasor. Except for a few cases of res iesa loquitor (means the things speak for themselves). Also, in cases of civil wrong, minors enjoy no immunity.
They are as much liable to be sued in the case of committing an offence under tort law, as are the majors. Also, the minor can also sue the other person who has committed a tort but this is done usually through his parents or legal guardian. In cases when minor acts as an agent of his parents, as happens in vicarious liability, the parents are to be held liable.
There are n number of unusual cases and the ones which seem petty, that have been filed under the civil law, throughout the world. And of course, these cases have received popularity determining the importance of tort law. Therefore, if the students need assignment help in law, they must understand the law of torts very carefully. Also it is important that these points are kept in mind while studying the cases in torts.