What are Torts?

In our society, it is important to respect and uphold the legal rights of others. When someone violates these rights and causes harm to another person or their property, it is known as a ‘tort.’ This article will explore what exactly torts are, how they are committed, and the consequences for the wrongdoer.

Definition of Torts

A ‘tort’ refers to a civil wrong committed by an individual or an organization, leading to harm or injury to another person. Unlike criminal offences, torts deal with claims made by private individuals against others who have caused them harm.

Understanding Civil Wrongs

A civil wrong, or ‘tort,’ occurs when someone commits an injury by violating another person’s legal rights. The harm caused can be physical, emotional, or damage to one’s property. It is important to note that the amount of compensation for the injury suffered, known as ‘damages,’ is not predetermined and is decided by the court. These damages are referred to as ‘unliquidated damages.’

Types of Damages

Two types of damages can be awarded in tort cases:

Unliquidated Damages: These are the money equivalent to the harm suffered by the victim. Since the exact amount of damage is not determined beforehand, it is left to the court to decide the appropriate compensation based on the evidence presented.

Liquidated Damages: In some cases, the parties involved may agree in advance on a specific amount of compensation in case of a breach of contract or violation of legal rights. This predetermined compensation is known as liquidated damages.

How are Torts Committed?

Act or Omission

Torts can be committed through an act or an omission by the defendant which harms the plaintiff. Let’s understand this further:

Act (A) refers to doing something the defendant was not supposed to do. For example, if someone intentionally causes harm to another person, it is considered an act of tort.

Omission (O) refers to not doing something the defendant was supposed to do. If someone fails to fulfil their legal duty, resulting in harm to another person, it is considered an omission tort.

Impact on the Plaintiff

For a tort to be established, the act or omission must cause ‘injuria’ to the plaintiff. Injuria, a Latin term for injury, means that the act or omission must violate the plaintiff’s legal right. This violation can lead to ‘damnum,’ a Latin term for damage.

It is important to note that while some torts may cause actual harm, such as physical injuries, others may not necessarily result in visible damage, like trespassing on someone’s property. Nonetheless, the law recognizes and protects against these violations of legal rights.

Recovering Damages

If a plaintiff has suffered injuria and/or damnum due to a tort, they have the right to seek compensation for their losses. 

The court determines the amount of damages awarded, considering the extent of harm caused and other relevant factors. It is essential to remember that the law of torts exists to protect individuals’ rights and provide remedies in case of violations.

Summary

Torts are civil wrongs that occur when someone violates another person’s legal rights, causing harm or injury. These wrongs can be committed through acts or omissions by the defendant. The plaintiff may recover damages for the harm suffered if a tort is established.