Essentials For The Formation Of Tortious Liability

Vrinda Yadav, IILM University, Gurugram

ABSTRACT

A tort is a civil wrong that results when one person violates the legal rights of another. And depending on the type of tort committed by the person, it may or may not be appropriate to use the idea of a mental element when determining liability. It can be done on purpose, as in the case of battery, or accidently by acting carelessly or accidentally, as in the case of neglect, without the intent to conduct such an act. The state of tort law is not good since many individuals are still unaware of their rights, which is caused by a lack of knowledge among the general public. Since there is still a lack of awareness among the populace and the law of torts is still not codified and a direct descendant of English common law, it is less likely to be adaptable in some circumstances to the Indian context, even though it has now been adapted into the Indian context.

The essentials of law of tort have been explained in the paper and how are they used in identification of the commitment of a tort.