Essays And Notes On The Law Of Tort And Crime

Posted by / 20-May-2020 17:17

Essays And Notes On The Law Of Tort And Crime

Salmond and Hueston- A tort is a civil wrong for which the remedy is a common action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or other mere equitable obligation.

Sir Frederick Pollock- Every tort is an act or omission (not being merely the breach of a duty arising out of a personal relation, or undertaken by contract) which is related in one of the following ways to harm (including reference with an absolute right, whether there be measurable actual damage or not), suffered by a determinate person:- a) It may be an act which, without lawful justification or excuse, is intended by the agent to cause harm, and does cause the harm complained of.

Law is any rule of human conduct accepted by the society and enforced by the state for the betterment of human life.

In a wider sense it includes any rule of human action for example, religious, social, political and moral rules of conduct.

Civil wrong is the one which gives rise to civil proceedings, i.e., proceedings which have for their purpose the enforcement of some right claimed by the plaintiff as against the defendant.

Its origin is linked with the establishment of British courts in India.

e) It may, in special cases, consist merely in not avoiding or preventing harm which the party was bound absolutely or within limits, to avoid or prevent.

Under the Hindu law and the Muslim law tort had a much narrower conception than the tort of the English law.

Criminal proceedings on the other hand are those which have for their object the punishment of the wrong doer for some act of which he is accused.

He who proceeds criminally is an accuser or prosecutor demanding nothing for him but merely the punishment of the accused for the offence committed by him.

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This, as we have seen is an artificial extension of the general conceptions which are common to English and Roman law.