Tort Law


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Tort Law

  1. 1. Write a detailed account of the kind of rights involved in the tort law.INTRODUCTIONLaw has distinguished the obligations of the parties into several types but there arebasically two main types of obligations under which the whole obligations may bedefined. These two and the most basic type of obligations are  Contractual obligations  Non-contractual obligationsTort law is basically defined under non-contractual obligations. In tort law the obligationsare of such type that they do not come into existence with the mutual consent of theparties. In fact these type of obligations come into existence with the happening of anycertain events that are not predefined. When a certain event happens or does nothappen these contracts comes to existence and the obligation is created on the parties.Tort law may be said as the right to “REM”. The word tort refers to torture which meansmental or physical agony.ACCORDING TO SALMAND “Tort is a civil wrong for which the remedy is a common law action for unqualified damages.”UNDERHILL DEFINED IT AS;Tort is a wrong independent of contract and resulting in;  Infringement of an absolute right of another person to which he is entitled;  Infringement of a qualified right of some other person causing actual damages;  Infringement of a public right causing another to suffer some special damages;Underhill has clearly defined the tort law and he has also enlightened the kinds of rightsinvolved in the tort law. In the light of the definition by Salmand and Underhill we canextract a lot of things about tort law.
  2. 2. KINDS OF RIGHTS INVOLVED IN A TORT LAWThere is no single principle of tort law but a series of different torts with different originsand purposes They protect a number of different interests against different kinds ofinterference (usually by compensation for the consequences – that is, damages; butsometimes by an order to stop – that is, an injunction). In a tort law when we talk aboutthe rights we are actually talking about the “rem”. The kinds of rights that are involved ina tort law are known as “rights to rem”. Following are the rights to rem under tort law.  Absolute right  Qualified right  Nuisance/public rightABSOLUTE RIGHTAccording to the absolute right as person has absolute right to his liberty, security,property and reputation.RIGHTS TO LIBERTYA person can demand any kind of liberty. It is his absolute right that he have any type ofliberty e.g. liberty to go anywhere, liberty to write, liberty to travel. No one can stop otherfrom going anywhere or doing any work. All such type of works that are allowed by thelaw and are not violating or infringing the rights of others comes under the scope ofliberty and the people are allowed to do thatRIGHTS TO SECURITYTort law protects the security rights of every individual. Everyone has the right to seeksecurity. Security may be of any kind like the security of home, life, etc. If anyone triesto violate the security of others he may seek remedy under ordinary law which isprotected by tort law.
  3. 3. RIGHT TO PROPERTYTort law also protects the rights to property of people. It provides the people with theliberty to enjoy the rights of their property. It helps the people to live freely in theirproperty and to be safe in it. It guarantees them that their land is secure and that ifanyone tried to enter in it without their permission law will protect them.Tort law protects the property of both types weather that is movable or that isimmovable. Poth type of properties are secure for them and they can enjoy it without thefear of anyone and any kind of legal activity could be carried out in it. For this purposethere are basically three types of laws, these are as under. TRESPASS TO LANDIt is a kind of absolute right which protects anyone from entering into the property ofanyone with malicious intention of any type. Anyone who tries to steal anything ofinferring any other type of property right is held guilty under trespass to land which isdealt under intentional tort. TRESPASS TO CHATTELSTrespass to chattels is a law which is made to protect the rights of movable propertiesof people. No one can take the movable property of other without his permission. Anytype of movable property is absolute right of owner and he can do whatever with itwithout infringing the rights f others. CONVERSIONThis law is to protect those properties which are kept with others on the basis ofconviction. It provides the right to people to feel relax about the properties that theyhave kept with others on trust basis. It provides them security regarding the use of anyproperty i.e. no one will use their property and it will be returned back to them as it wasgiven by them. In any case of misuse of their property remedy is available under thelaw.
  4. 4. RIGHT TO REPUTATIONThis tort is made with an intention to protect the reputation of people. In this case thetort of “defamation” and the tort of “false imprisonments” protect the rights of reputation.Anyone who tries to infringe the reputation of other is accounted for under the abovementioned torts.QUALIFIED RIGHTSA qualified right means a right to be preserve from damages by certain action oromission of other person. Any damage caused by the negligence of other people comesunder qualified right. No action will lie without the proof of actual damages.NUISANCEAny such activity that impairs you from work is your right of nuisance and you can seekremedy for it.PUBLIC RIGHTA public right is right that all men enjoys in common. Every individual has the right ofavail that facility e.g. right to use highway. Any kind of facility that is provided to peoplecould be availed by anyone who fulfills the basic requirements for that.CONCLUSIONTort is a branch of the civil law based on a claim that the defendant has caused injury orloss to the claimant by breaking a relevant obligation imposed by the general law. Tortlaw provides them remedy and provides them safety. It comes into existence withoutcontract and is resolved with law.