MEANING OF TORT: A TORT IS A WRONG ACT WHICH
LEADS TO A LEGAL LIABILITY. THE FOUR MAIN ELEMENTS THAT A TORT CASE
HAS A DUTY TO BE PERFORMED, BREACHING THAT DUTY, CAUSATION AND AN
INJURY. THESE ELEMENTS MUST BE PRESENT FOR A CASE TO BE CALLED A
TORT CASE. IT IS THE HIGHEST CATEGORY OF CIVIL LITIGATION.
TYPES OF TORTS WITH EXAMPLES: THERE ARE MAINLY
3 TYPES OF TORTS:
- INTENTIONAL TORT: IF A PERSON INTENTIONALLY DOES A ILLEGAL
ACTIVITY WHICH CAUSES AN INJURY TO THE OTHER, IS CALLED INTENTIONAL
TORT. EXAMPLE: FRAUD, DEFAMATION, ASSAULT, FALSE IMPRISONMENT
ETC.
- NEGLIGENCE TORT: IT IS THE MOST COMMON TYPE OF TORT. WHEN THERE
IS A CERTAIN CODE OF CONDUCT/ STANDARDS FOR THE PUBLIC TO FOLLOW SO
THAT RISK OF HARM CAN BE MINIMISED, IF SOMEONE DO NOT FOLLOW THESE
CODES, THEN NEGLIGENCE TORT ARISES. EXAMPLE: CAR ACCIDENTS, MEDICAL
PRACTICES, ROAD ACCIDENTS.
- STRICT LIABILITY TORTS: IN THIS TYPE OF TORT, THE CUSTOMER CAN
ESTABLISH THAT THE INJURY IS CAUSED DIRECTLY BY THE PRODUCT OF THE
COMPANY. NO PROOF IS NEEDED TO BE GIVEN IN THIS TYPE OF TORT.
LIABILITY IS AUTOMATICALLY APPLIED TO THE WRONGDOER. EXAMPLE:
DEFECTIVE PRODUCTS, ANIMAL ATTACKS ETC.