Essays And Notes On The Law Of Tort And Crime Creative Writing Programs College
As a technical term of English law, tort has acquired a special meaning as a species of civil injury or wrong.It was introduced into the English law by the Norman jurists.The term tort is the French equivalent of the English word ‘wrong’ and of the Roman law term ‘delict’.The word tort is derived from the Latin word tortum which means twisted or crooked or wrong and is in contrast to the word rectum which means straight.Tort now means a breach of some duty independent of contract giving rise to a civil cause of action and for which compensation is recoverable.In spite of various attempts an entirely satisfactory definition of tort still awaits its master.Criminal proceedings on the other hand are those which have for their object the punishment of the wrong doer for some act of which he is accused.He who proceeds criminally is an accuser or prosecutor demanding nothing for him but merely the punishment of the accused for the offence committed by him.
On this the Privy Council has observed that the ability of the common law to adapt itself to the differing circumstances of the countries where it has taken roots is not a weakness but one of its strengths.
The punishment of crimes in these systems occupied a more prominent place than compensation for wrongs.
The law of torts in India is mainly the English law of torts which itself is based on the principles of the common law of England.
This was made suitable to the Indian conditions appeasing to the principles of justice, equity and good conscience and as amended by the Acts of the legislature.
Its origin is linked with the establishment of British courts in India.