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Meaning of a “TORT”: Tort is derived from a Latin word called “Tortum”, which means “To Twist” .
In English it means “Wrong”. Something done against the law because law confer rights it enforces duties to individual in the society. Therefore, individual should respect rights of others.
Fail to obey such duties impose by law, it is called as Breach of such duty.
The person is said to have done a “Wrongful Act”
Every wrongful act is not a “Tort”, to constitute a Tort there must be 3 conditions, if satisfied those 3 conditions then it is a “Tort”.
Elements of Tort:
1. Wrongful Act.
2.Legal Damages to the Plaintiff.
3. Legal Remedy.
ELEMENTS OF TORTS:
1. Wrongful Act: A wrongful act to the plaintiff where his private rights gets effected.
Example : 1. Private right.
Right of Good Reputation, if someone caused “Defamation” which means violation of a Private Right.
Action of damaging the good reputation of someone is called as “Defamation”
1. Wrongful Act:
Example : 2. The Right of Bodily Safety & Freedom.
If someone the defendant causes any assault or battery to the plaintiff then it is also a wrongful act.
An Assault is the act of inflicting physical harm or unwanted physical contact upon a person.
Battery is the intentional causation of harmful or offensive contact with another's person without that person's consent.
1. Wrongful Act:
Example :3
The Right of Property.
If the defendant causes some damage to the plaintiff’s property then it is also a violation of Private Right.
Trespassing into the plaintiff’s property.
2.Legal Damages to the Plaintiff.
1. “INJURIA SINE DAMNUM”.
“INJURIA” means violation of legal rights.
“SINE” means without.
“DAMNUM” means damages.
“DAMAGES” means Loss of comfort or money.
violation of legal rights without damages has a “LEGAL REMEDY”
2. “DAMNUM SINE INJURIA”.
Damages without violation of legal rights there is “NO REMEDY”
“INJURIA SINE DAMNUM”.
Case law:
Ashby Vs White: In this case citizen (Mr. Ashby) went to vote then the election returning officer, (Mr. White) prevents him from voting then he couldn’t vote. Even though to whom he wanted to vote that candidate won in the election But citizen filed a case as his legal rights were prevented from exercising. Officer, said in the court what makes the difference as without his voting also the person to whom he wanted to vote he won the election. Court said “You prevented his legal rights, violation of his legal rights.”
3. Legal Remedy.
3. Legal Remedy.
“ UBI JUS IBI REMEDIUM”: Where there is a right there is a remedy.
Example : Trespass is a violation of a legal right. Here you have right, So, there is a Remedy but when a Government official is entered into your home on a duty purpose, you cannot stop him as it does not comes under violation of legal rights.
Officer is doing his duty. There is no right to stop him, so there is No Remedy.
“ UBI JUS IBI REMEDIUM”: Where there is a right there is a remedy.
Example : Trespass is a violation of a legal right. Here you have right, So, there is a Remedy but when a Government official is entered into your home on a duty purpose, you cannot stop him as it does not comes under violation of legal rights.
Officer is doing his duty. There is to stop him, so there is No Remedy.
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29 авг 2024
