Law is any rule of human conduct accepted by the society and enforced by the state for the betterment of human life. The entire body of law in a state (corpus juris) may be divided into two viz, civil and criminal.
What is Tort?
Tort means a breach of some duty independent of contract giving rise to a civil cause of action and for which compensation is recoverable.
In general, a tort consists of some act done by a person who causes injury to another, for which damages are claimed by the latter against the former.
The real significance of a legal damage is illustrated by 2 maxims namely,
1. Damnum Sine Injuria : Damage without Injury
2. Injuria Sine Damnum : Injury without Damage
The law of tort is said to be a development of the maxim ???ubi jus ibi remedium??? or ???There is no wrong without a remedy??? means ???Where there is a Right, There must be a Remedy.???
3 ESSENTIAL ELEMENTS OF TORT
1. Wrongful Act
2. Legal Damage
3. Legal Remedy
2 THEORIES ??? FOUNDATIONS OF TORTIOUS LIABILITY
1. ???Wider and Narrower??? theory / ???Growing Tree??? theory – This theory is supported by Winfield, Pollock and other eminent jurists
2. ???Pigeon Hole??? theory – This theory is supported by Salmond, Glanville Williams and others
Let us see some important aspects related to it further.