Tort: Scope & Defences
Keywords:
Human Conduct, Civil Wrongs, Remedy, Tort, JudicialAbstract
Law is any rule of human conduct accepted by the society and enforced by the state for the betterment of human life. Tort law, in its most rudimentary form, is a law based on the premise that an individual who causes harm to another person should have to provide compensation for that harm. Tort law is concerned with civil wrongs. Undoubtedly the largest area of law within tort is the law of negligence. In general terms, a tort may be defined as a civil wrong independent of contract for which the appropriate remedy is an action for unliquidated damages. The development of Constitutional tort which began in the early eighties and was stick together into judicial precedent in Nilabati Behera has profoundly influenced the direction tort law has taken in the past decade.
References
1. Nilabati Behera v. State of Orissa (1993) 2 SCC 373.
2. Section 2(m ), Limitation Act,1963,(36 of 1963)
3. The Hindu Marriage Act, 1955, (25 of 1955)
4. AIR 1987 965
5. (1932) 1 K.B. 205.
6. 1923 1 K.B. 340.
7. (1828) 4 Bing. 628.
8. (1775) 1 Cowp 341
9. (1891) 11 Q, B 86.
10. AIR 2001 Guwahati 18.
11. (1876) 2 Ex. D. 1
12. AIR 1958 Madh. Pra. 48.
13. (1985) 3 SCC 545.
14. AIR 1989 SC 101
15. (1828) 4 Bing. 628.
16. AIR 1984 Mad. 103.
17. (1894) 1Q.B. 495.
18. (1891) 1 K.B. 496.
19. (1876) 1 Ex. D. 55.
20. (1869) LR HL 171.
21. (1870) LR 6CP14. Cite this Article Ashish Kumar Rai. Tort: Scope & Defences. Protection Law. 2019; 2(1): 17–20p.
