tort law
DESCRIPTION
TRANSCRIPT
Write a detailed account of the kind of rights involved in the tort law.
INTRODUCTIONLaw has distinguished the obligations of the parties into several types but there are
basically two main types of obligations under which the whole obligations may be
defined. These two and the most basic type of obligations are
Contractual obligations Non-contractual obligations
Tort law is basically defined under non-contractual obligations. In tort law the obligations
are of such type that they do not come into existence with the mutual consent of the
parties. In fact these type of obligations come into existence with the happening of any
certain events that are not predefined. When a certain event happens or does not
happen these contracts comes to existence and the obligation is created on the parties.
Tort law may be said as the right to “REM”. The word tort refers to torture which means
mental or physical agony.
ACCORDING TO SALMAND
“Tort is a civil wrong for which the remedy is a common law
action for unqualified damages.”
UNDERHILL DEFINED IT AS;
Tort is a wrong independent of contract and resulting in;
Infringement of an absolute right of another person to which he is entitled;
Infringement of a qualified right of some other person causing actual damages;
Infringement of a public right causing another to suffer some special damages;
Underhill has clearly defined the tort law and he has also enlightened the kinds of rights
involved in the tort law. In the light of the definition by Salmand and Underhill we can
extract a lot of things about tort law.
KINDS OF RIGHTS INVOLVED IN A TORT LAW
There is no single principle of tort law but a series of different torts with different origins
and purposes They protect a number of different interests against different kinds of
interference (usually by compensation for the consequences – that is, damages; but
sometimes by an order to stop – that is, an injunction). In a tort law when we talk about
the rights we are actually talking about the “rem”. The kinds of rights that are involved in
a tort law are known as “rights to rem”. Following are the rights to rem under tort law.
Absolute right
Qualified right
Nuisance/public right
ABSOLUTE RIGHT
According to the absolute right as person has absolute right to his liberty, security,
property and reputation.
RIGHTS TO LIBERTY
A person can demand any kind of liberty. It is his absolute right that he have any type of
liberty e.g. liberty to go anywhere, liberty to write, liberty to travel. No one can stop other
from going anywhere or doing any work. All such type of works that are allowed by the
law and are not violating or infringing the rights of others comes under the scope of
liberty and the people are allowed to do that
RIGHTS TO SECURITY
Tort law protects the security rights of every individual. Everyone has the right to seek
security. Security may be of any kind like the security of home, life, etc. If anyone tries
to violate the security of others he may seek remedy under ordinary law which is
protected by tort law.
RIGHT TO PROPERTY
Tort law also protects the rights to property of people. It provides the people with the
liberty to enjoy the rights of their property. It helps the people to live freely in their
property and to be safe in it. It guarantees them that their land is secure and that if
anyone tried to enter in it without their permission law will protect them.
Tort law protects the property of both types weather that is movable or that is
immovable. Poth type of properties are secure for them and they can enjoy it without the
fear of anyone and any kind of legal activity could be carried out in it. For this purpose
there are basically three types of laws, these are as under.
TRESPASS TO LAND
It is a kind of absolute right which protects anyone from entering into the property of
anyone with malicious intention of any type. Anyone who tries to steal anything of
inferring any other type of property right is held guilty under trespass to land which is
dealt under intentional tort.
TRESPASS TO CHATTELS
Trespass to chattels is a law which is made to protect the rights of movable properties
of people. No one can take the movable property of other without his permission. Any
type of movable property is absolute right of owner and he can do whatever with it
without infringing the rights f others.
CONVERSION
This law is to protect those properties which are kept with others on the basis of
conviction. It provides the right to people to feel relax about the properties that they
have kept with others on trust basis. It provides them security regarding the use of any
property i.e. no one will use their property and it will be returned back to them as it was
given by them. In any case of misuse of their property remedy is available under the
law.
RIGHT TO REPUTATION
This tort is made with an intention to protect the reputation of people. In this case the
tort of “defamation” and the tort of “false imprisonments” protect the rights of reputation.
Anyone who tries to infringe the reputation of other is accounted for under the above
mentioned torts.
QUALIFIED RIGHTS
A qualified right means a right to be preserve from damages by certain action or
omission of other person. Any damage caused by the negligence of other people comes
under qualified right. No action will lie without the proof of actual damages.
NUISANCE
Any such activity that impairs you from work is your right of nuisance and you can seek
remedy for it.
PUBLIC RIGHT
A public right is right that all men enjoys in common. Every individual has the right of
avail that facility e.g. right to use highway. Any kind of facility that is provided to people
could be availed by anyone who fulfills the basic requirements for that.
CONCLUSIONTort is a branch of the civil law based on a claim that the defendant has caused injury or
loss to the claimant by breaking a relevant obligation imposed by the general law. Tort
law provides them remedy and provides them safety. It comes into existence without
contract and is resolved with law.