Introduction and Meaning of tort for CLAT - Practice Questions & MCQ

The history of the law of torts:

• The history of the law of torts can be traced back to ancient times, but it was not until the Middle Ages that it began to develop into a distinct area of law. In early English law, torts were known as "wrongs" and were primarily concerned with redressing injuries to property and persons.
• The development of the law of torts was accelerated by the Norman Conquest of England in 1066. The Normans introduced a number of new legal concepts, including the idea of a royal court system. This new court system allowed for more consistent enforcement of the law and helped to develop the law of torts into a more coherent body of law.

Here are some of the key milestones in the history of the law of torts:

• 1066: Norman Conquest of England introduces a new royal court system, which helps to develop the law of torts into a more coherent body of law.
• 13th century: English judges develop a number of new tort doctrines, including the doctrines of negligence and trespass.
• 19th century: The Industrial Revolution leads to new types of injuries and new types of businesses. The law of torts adapts to these changes by developing new tort doctrines, such as the doctrine of product liability.
• 20th century: The law of torts continues to develop and evolve, with new tort doctrines being developed to address new types of harms, such as the doctrine of privacy and the doctrine of emotional distress.

The Indian History of the law of torts:

• The law of torts in India is primarily based on the English law of torts, which was introduced to India during the British colonial period. However, the law of torts in India has also been influenced by Indian culture and traditions.
• The first codified law of torts in India was the Indian Civil Wrongs Act of 1886. However, this Act was never enacted, and the law of torts in India remains largely uncodified to this day. This means that the law of torts in India is developed primarily through judicial decisions.
• The Indian courts have played a significant role in developing the law of torts in India. In particular, the Supreme Court of India has issued a number of landmark judgments that have helped to shape the law of torts in India.
• For example, in the case of M.C. Mehta v. Union of India (1987), the Supreme Court of India held that the right to a clean environment is a fundamental right under Article 21 of the Constitution of India. This judgement has had a major impact on the development of the law of environmental torts in India.
• Another landmark judgement is the case of Rylands v. Fletcher (1868). In this case, the English House of Lords held that a defendant is liable for harm caused by the escape of a dangerous thing from his control. This doctrine has been applied by the Indian courts in a number of cases, including the case of Indian Oil Corporation v. Dharamveer (2007).
• The law of torts in India is still developing, and the Indian courts are constantly evolving the law to meet the needs of a changing society

Here are some of the key milestones in the history of the Law of Tort in India:

• 1886: The Indian Civil Wrongs Act is passed, but never enacted.
• 1950: The Constitution of India is adopted, and Article 21 guarantees the right to life and personal liberty.
• 1987: The Supreme Court of India holds in M.C. Mehta v. Union of India that the right to a clean environment is a fundamental right under Article 21 of the Constitution of India.
• 2007: The Supreme Court of India applies the doctrine of Rylands v. Fletcher in the case of Indian Oil Corporation v. Dharamveer.

Definitions of Law of Tort:

• Salmond: "Tort is a civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust, or other merely equitable obligation."
• Winfield: "Tortious liability arises from the breach of a duty primarily fixed by law."
• Blackstone: "A tort, or private wrong, is an injury or wrong committed against a man's person or property, independent of contract."
• American Law Institute: "A tort is a civil wrong for which the remedy is damages."