Law of Tort and Consumer

Protection Laws
Aishwarya Vats
Assistant Professor,UPES
Meaning
• Tort is derived from ‘tortum’ – meaning twist, i.e, any
anomaly/wrong. A conduct which is not straight/lawful.
• “It connotes a conduct which is not straight and lawful, but a crooked
act or transgression from the rightful conduct.”
• A tort is an act or omission that gives rise to injury or harm to another
and amounts to a civil wrong for which courts impose liability.
• In the context of torts, "injury" describes the invasion of any legal
right, whereas "harm" describes a loss or detriment in fact that an
individual suffers.
• Why don’t we have a definition?
1. Large number of wrongs of diverse species
2. Law of Tort in England grew through a complicated procedure
3. Based on Common Law, i.e, decided cases rather than on statutory laws.
4. Laws of Tort is still growing and evolving.
• Existing definition- S.2 (m) – Limitation Act, defines by method of elimination.
• S-2(m) Limitation Act-
• “Tort means a civil wrong which is not exclusively a breach of contract or
breach of trust.”
• Contract- Agreement enforceable by law
• Trust- A fiduciary relationship where one party, known as a trustor,
gives another party, the trustee, the right to hold the title to property
or assets for the benefit of a third party ( beneficiary).
• Fiduciary- A person/organization that acts on behalf of another
person, putting their interest ahead of their own.
• Eg- Trust for Property of a minor, Religious Trust, Charitable Trust,
Educational Trust etc.
• Salmond- “ A tort is a civil wrong, for which the remedy is an action
for unliquidated damages and which is not exclusively the breach of a
contract, breach of trust or other merely equitable obligation.”
• Equity-
• “ Justice according to natural law”
• “Quality of being fair and impartial”
Difference between Tort and Contracts
Basis Tort Contracts
Fixation of Duty Duty is fixed by Law itself Duty is fixed by parties
Attribution of Duty The duty is towards every person of The duty is towards specific
the community/society person/persons
Violation of Right A tort is violation of a right in rem A breach of contract is an
[A right available against the world infringement of a right in
at large] personam [ A right available only
against some determinate
person/party]

Privity No privity is needed, or required to Privity between the parties need to

be proved be proved.
Motive Motive is often taken into account In breach of contract, motive is
irrelevant
Damages Unliquidated Damages Liquidated Damages
Purpose
• It enables a person who has suffered harm/injury by the acts of
another to claim damages in a civil suit.
• ‘alterum non leadere’ [ To hurt no one by word or deed]
• To let people enjoy their legally protected rights in respect of person,
property, reputation etc in a peaceful and dignified manner.
• The function of Law of Tort is to protect the interest of individuals
rather than to punish certain categories of wrongdoers.
Elements
1. There must be some act/ omission on part of defendant
2. Act/Omission should result in legal damage( injuria), i.e, violation of
legal right vested in plaintiff.