Tort
/tɔːrt/
Legal Term
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Definition
A civil wrong (as opposed to a crime) that causes harm or loss to another person, for which the law provides a remedy usually in the form of damages. Common torts include negligence, defamation, trespass, nuisance, and false imprisonment. Unlike contract law, tort liability arises from duties imposed by law, not by agreement between parties.
Etymology
Legal term with origins in Latin, Anglo-French, or Old English legal tradition, later codified in Indian law.
Examples
Case Study
M.C. Mehta v. Union of India (1987) — the Oleum Gas Leak case — established the rule of 'absolute liability' in India, going beyond the English rule in Rylands v. Fletcher (which allows certain defences). Justice P.N. Bhagwati held that enterprises engaged in hazardous or inherently dangerous activities are absolutely liable for harm, with no exceptions, and must pay compensation reflecting the magnitude of their enterprise. This became the basis for the Public Liability Insurance Act, 1991.
Key Cases
M.C. Mehta v. Union of India (Oleum Gas Leak)
1987AIR 1987 SC 1086
LANDMARK: Created the doctrine of 'Absolute Liability' in Indian tort law — stricter than English strict liability under Rylands v. Fletcher. Enterprises engaged in hazardous activities are absolutely liable for harm, with no exceptions. Became the foundation of environmental liability law in India.
View on Indian Kanoon →Donoghue v. Stevenson
1932[1932] AC 562
Neighbour principle — you owe a duty of care to those you should reasonably foresee would be harmed by your acts. Foundational global authority on negligence. Mrs. Donoghue found a decomposed snail in her ginger beer.
View on BAILII →Rylands v. Fletcher
1868(1868) LR 3 HL 330
Established strict liability for escapes from land of non-natural uses — but allows defences unlike the Indian absolute liability rule in MC Mehta.
View on BAILII →