LAW OF TORTS., - Study Search Point

निरंतर कर्म और प्रयास ही सफलता की कुंजी हैं।

A Law of Tort is uncodified in nature that is it has not been layed down in any rule book .This is to ensure its dynamic character and to keep its scope open .What is not a Tort today may be a Tort tomorrow.
TORT is a French word which refers to a wrong . 
Tort is derived from a latin word TOTRUM - that means something which is twisted . It bascally refers to a conduct which is not upright or lawfull .
                                                   UNDERLINE PRINCIPLES OF TORT
Alteram non leader                                                                       Ubi  jus is remedium
To hurt nobody by word / deed                              Where there is a right , there is a  remedy

                                                  ESSENTIAL ELEMENTS OF TORT
                                                     Wrongful Act + Legal Damage 
 WRONGFUL ACT - An act or an omission . When a person is made for a tort ,he must have either done an act , which he ought not to have done or has omitted to do that which he ought to have done .
(You have failed to take reasonable care of or you have committed an act involving gross negligence.)
LEGAL DAMAGE - Legal damage means violation of legal rights . To succeed in an action for tort the plaintiff has to prove that his legal right has been violated.

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