Tort Law

Tort law is a redressal mechanism for civil suits filed against interpersonal wrongdoings that result in a personal injury. It is a branch of private law. However, it excludes contractual disputes, which are addressed by contract laws.

The 'injury' here refers to any breach of law or a person's legal right. In tort law, ‘harm' refers to any loss or damage suffered by the aggrieved party. The court remedies the victim by facilitating monetary compensation. The person causing the misconduct pays for damage, pain or suffering, loss of income, and the victim’s expenses (medical).

Key Takeaways                                                               

• Tort law is a legal arrangement. It provides justice in civil lawsuits—interpersonal misconduct where one person acts or fails to act in a certain manner, causing injury, loss, or harm to the other person.
• The tort is classified into negligence, vicarious liability, and defamation.
• In tort litigation, there are two parties—the plaintiff (victim) and the defendant (tortfeasor).
• Tort law does not apply to corporations because only a person can sue someone for suffering a personal injury. Instead, corporations seek legal remedies using libel, property laws, etc.

The term 'tort' is derived from the word 'torture', dating back to the medieval period. The term ‘torture’ meant injury or wrong, which further finds its root in 'torquere'—Latin for twisted.

Thus, tort law is a government's rule of conduct to redress civil wrongdoings causing victims loss, harm, or damage. It makes the tortfeasor liable to monetary compensation based on the severity of the misdeed.

Such lawsuits involve two parties—a plaintiff and a defendant. The plaintiff is the victim of civil misconduct and files a suit against the tortfeasor. A defendant is a person who is the accused party and is referred to as the tortfeasor if proven guilty. A tortfeasor is an entity that committed a tort (civil misconduct).

Anyone victim of interpersonal or civil wrongdoing can file a suit under tort law. But there are some exceptions to this rule—minors, convicts, husband and wife, bankrupt entities, foreign states, and corporations cannot file a tort suit.

Torts are classified into three different types:

The aim of tort law is not only to provide justice to the aggrieved party and punish the tortfeasor (culprit) but also to set an example for other wrongdoers. The law ensures a robust redressal system for resolving civil lawsuits. Moreover, it promotes ethical behavior in society. This law presides over all interpersonal misconducts that result in physical, financial, or emotional distress.

Let us look at some tort law examples to understand its different types:

#1. Negligence

Catherine and Charles are neighbors. Charles needs to replace the old electric wiring at his house to avoid accidents. Unfortunately, Charles ignores safety warnings. Due to his negligence, the house catches fire.

The fire spreads around and reaches Catherine’s backyard. Catherine seeks legal remedy for the damage caused. Catherine files a tort suit against Charles—for the damage caused to her belongings kept in the backyard and the destroyed fencing.

In this case, Catherine is the victim (also known as the plaintiff). Charles is the tortfeasor or the defendant.

#2. Vicarious Liability

Titus owns a taxi rental service and hires Dom as a driver. Emily is the passenger who books a taxi with Titus. The taxi service owner sends Dom to pick her up. Dom is supposed to drop the passenger at the predetermined destination.

Dom picks up the passenger, but due to irresponsible driving, the taxi meets with an accident. Luckily, Emily sustains only minor injuries.

Later, the injured passenger (Emily) sues Titus since she booked a service registered under his name. In this scenario, the vicarious liability of paying the compensation for the tort falls on Titus. Titus is Dom's superior; he is the owner. Despite causing the accident, Dom is merely an employee.

#3. Defamation

Kevin and Janice are motivational speakers. Each has its own YouTube channel—a primary source of income.  

One day, Janice mentions Kevin in one of her videos. Janice slams Kevin and passes derogatory comments. She makes personal comments on Kevin, his style, and how he addresses the audience.

In response to the insult, an enraged Kevin files tort litigation against Janice. Also, Kevin seeks monetary compensation for the damage caused.

In defamation cases, the damage is quantified based on how it affects a person’s well-being, workability, and day-to-day functioning. Here, Janice’s comments had the potential to harm Kevin’s career. In a way, it threatened Kevin’s ability to earn a living.