Tort Law Definition

2387 Words10 Pages
Compensation serves as the primary course to restitution in tort law in India and world in general. Torts traces itself to the jurisdiction of Britain and developed as a concept to look for the wrongs inflicted by one towards another. Wrongs of such nature that they were neither grave enough to be construed as the ones which are within the ambit of crime nor so trivial as to be overlooked. Now to provide relief from such wrongs was torts developed and the way for providing relief was primarily the payment of compensation by tortfeasor for infliction of such harm and causing disturbance in the normal course of life of one individual through one’s own manner of leading one’s own life. Institutional provisions are not "self-executing" in the…show more content…
Under the tort law the remedy for damages is said to exist in ordinary law through a civil suit . However, it is not a principle that every time when there is a claim for tortuous liability the only recourse is to be a suit.
The burden of proof lies always on the plaintiff and it never shifts , although the burden may shift to prove a fact in the proceedings, the burden when seen as whole rests upon the plaintiff and ‘in a suit to claim damages for abuse of process of law, it must be established that the person who set the machinery of law into motion is not only actuated by malice with the accused but also he acted in putting the machinery of law into motion without reasonable and probable cause, which is the essential element to get a decree for damages for such malicious prosecution’
In Railways Act 1989 although since it is beyond the reach of the claimant to assert and prove whether the deceased was a bona fide passenger or not the burden to prove otherwise is on the railways as proving otherwise could be done if the railway examine upon its procedure
…show more content…
Although there are some specific areas and particular settings where this conclusion do not apply but when considered as a whole the law is of such nature that the procedure to readdress the grievances of the defendant is in a manner parallel to that of statutory laws, as statutory act more often than not provides within themselves the mechanism to adopt the principles of tort.
As, illustrated above it could also be drawn out that certain laws require change in them so to provide the basic aim of tort which is readdressing wrongs but since these legislation differ from judge-made laws and cannot be changed and interpreted on discretion of the decision maker and also since they are bound to a process for amendment, they are to be construed as stated.
The Principle of torts in providing compensation stands similar to statutory laws with certain exceptions such as burden of proof in case of proving as a bona fide passenger (Railways Act 1989) or the principle of tort on compensation in case of death differs that of statutory principles, but despite it both torts and statutory provisions keeps certain aspects common inter alia remedy, burden to prove, claim for

More about Tort Law Definition

Open Document