Torts In Common Law

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INTRODUCTION The word “tort” is basically derived from the Latin word “tortum” which means “to twist”. Tort, therefore, in the general sense implies, a twisted or unlawful conduct which is detrimental to the ideals of public policy. It refers to civil wrongs the exact remedy for which is not codified in the statute and occurs on a general basis. The term was introduced by Norman jurists. “Unliquidated Damages” i.e. the amount of compensation which is not pre-determined is the legal remedy provided for torts. The Indian law of torts is largely based on the English common Law system which is still followed in India. In the absence of relevant legal explanation by the English Common Law, Indian Courts apply the noble principles of justice,…show more content…
Intention generally refers to the desire to do some legal wrong in the mind of a person. It basically implies the illegal thought process of a person. Liability, although has a variety of definitions, refers to the legal obligation for damages/punishment that comes on the wrongdoer as a result of violation of law done by the wrongdoer. The law of torts is an interesting set of legal instructions that have not been codified in any Constitution which therefore makes it complicated and varying with respect to every different kind of case. Some torts require intention as an essential element while the others simply ignore to take intention into consideration. Factors affecting tortious liability are equally varied and hence it becomes a topic of multifaceted research that results in a greater in-depth analysis about the functioning and methodology of the law of torts. A…show more content…
This makes all its premises flexible to the kind of cases that fall under this huge umbrella. Intention and liability are two of the most interesting aspects of the law of torts. Although, there has been much research on this topic, the basic principle underlying the same is still hazy and unclear to many. The purpose of research, therefore, is to create a clearer and more definite image of these elements of the law of torts so that a deeper insight and understanding can be obtained and justified. Previous judgements and works of researchers and thoughts of philosophers provide the baseline of this research whereupon I have tried to embark on a journey of a better understanding of the concept of intention and liability of the law of torts. Research is, therefore, necessary in this field until the most satisfactory description of this uncodified law and the basic principle that governs the Law of

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