such act or omission resulted into violation of legal rights of another person. Legal Remedy – To be successful in action for torts the last essential is that the wrongful act or omission must come under the category of wrongs for which the remedy is civil action for damages. Whether breach of a moral, religious or social right constitutes tort?Īns. To constitute a tort it is essential that a wrongful act or omission committed by one person must result in legal damage to the other & the other person have the right or legal Remedy. So, it is clear that only violation of legal right constitutes tort, nor the violation of Moral, Religious or Social Right.Īns. Tort is not a codified law in India, the reason behind that it is based on Common law of England which is unwritten & uncodified. Secondly, it is an ever growing law and the court is expanding its horizon continuously by recognizing new tort. In India it is to be tried to codified tort in state of Karnataka as the name of Law Of Tort’s. How many sections are there in a Law of Torts?Īns. Since torts is not codified in India, so there arise no question of having sections in an uncodified law.Ĭan the same act be a tort, Crime & breach of contract – In fact tort, crime and breach of contract are three different kinds of wrongs, however there are certain circumstances in which the same act may amount to tort, crime as well as breach of contract.
– A purchase, a motor car and contracts the municipality that he will not drive faster than a prescribed speed in the city.
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There is also a provision in the Penal Code of that state that if A drives negligently with a fast speed he will be punished.
A committing the breach of the terms of the contract drives the car negligently and fast and there by harms B. Here A is liable for his negligent act in tort, crime as well as breach of contract.