Origin and Development of Law of Torts

Authors

  • Dr. Prashant Kumar Srivastava Assistant Professor Institute of Legal Studies, Institute of Legal Studies, Shri Ramswaroop Memorial University, Barabanki, Uttar Pradesh, India
  • Akash Singh Raj

Keywords:

Tort, Legal Injury, Compensation, Damages, Origin of Law of Torts, Development of Law of Torts, History of Torts, Tortious Liability, Uncodified, Negligence.

Abstract

This article discusses about the origin and development of law of torts. A tort is “a private or civil wrong or injury, including an action for bad faith and breach of contract, for which the court will provide a remedy in the form of an action for damages.”

This article also seeks to highlight of the long history of Law of Torts, it is existing prior to 1066 in the society. Often, academicians and scholars of legal history contend that the law of torts long ago lost its mooring. Although legal scholars believes that the development of law of torts is often misunderstood. While other group of people believes that the law of torts developed from the brute recognition of strict liability for imposing more and more refined and moral and ethical standard of negligence, but many scholars consider it as partial true. Therefore, over the time, law of torts got a various theories and fundamental issues and challenges. And due to non-codification of law of torts, Court has very vast area for its interpretation and have to use high approach to decide the liability in tortious act.

Published

2022-01-28