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Law Of Torts: Cause And Definition Of Tort

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LAW OF TORTS

LIABILITY UNDER TORTS

NATURE AND DEFINITION OF TORT
Origin of the word tort is from latin term ‘tortum’ that means ‘twisted conduct’. Tort, in common law jurisdictions, is defined as a civil wrong that causes someone else to suffer loss or injury resulting in legal liability for the person who commits the tortious act, called the tortfeasor. It may or may not always be a crime or a breach of contract. As in crime there is a wrongful act recognized by criminal law and is generally serious in nature, and a ‘breach of contract’ is the non-performance of a duty undertaken by a party to a contract, while tort is the breach of duty primarily fixed by law and not the parties involved. The person who suffers can recover the loss as …show more content…

A plaintiff filing a personal injury lawsuit under a strict liability law has to prove that the defendant’s action triggered strict liability that caused damage to him, even if there was no intentional or negligent conduct on the defendant’s part, that is why it is also called ‘NO FAULT’ LIABILITY.
When a person engage in some inherently dangerous activity, strict liability is usually applied. There are many factors that are used by the court to decide whether or not strict liability will be applied. Some activities, such as transportation or use of heavy explosives or dangerous chemicals, are inherently dangerous in any circumstance. Other activities may be dangerous, but not inherently dangerous enough to trigger strict liability. For those activities the law will look at the possible level of harm the activity could cause, whether or not such an activity is common or expected in the place it is being conducted, and whether or not the activity is necessary. For example, if some sort of blasting technique is being used by a construction company, whether the site is in an unpopulated area or a crowded city will determine what sort of liability would the company fall under. If the blasting activities are being conducted in a crowded city, and if harm is caused to someone the company can be liable for any personal injuries under a strict liability tort theory even if there was no negligence on their part keeping in mind the place where it was conducted. Strict liability negates any defence. Inherently dangerous activities can include acts by the defendant, transportation of various materials or explosives, or keeping dangerous animals that can cause harm to

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