Emerging Trends in Law of Torts: An Overview
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InternationalJournal of Law Management & Humanities
Emerging Trends in Law of Torts: An
Overview
DR. J. S. CHANDPURI AND DR. VIVEK KUMAR2
ABSTRACT
During the early years of 14th century a simple procedurefor administration ofjustice was
adopted by the British King, there was no compartalisation of wrongs like crime, torts,
breach of contract etc. Later on the existence of Tort in Britain came up into writs systems.
This writ system was based on the latin maxim 'Ubi remedium ibi jus it means 'where
there was a writ there was remedy in other words' where there was remedy there was
right. It must however, be stated in the initial stage the authority ofthe chancellor to issue
write as confined only to a very limited number of wrong, notably injuries caused to person
or property of the plaintiff were writ called 'action of trespass' was generally issued. In
1852, through common law procedure Act, the system of writs was modified and certain
rights were given to the plaintiff under laws of Torts. Besides this a new maxim i.e. 'Ubi
Jus Ibi remedium' came into the existence, which means where there is a right there is
remedy. Thus anybody whose rights violated by others is entitled to get compensation. It is
also mentioned that in early stage the number of tortious liability was very limited as well
as very specified, but due to development of science and technology etc. and advent of
hazardous industrial operations, adulteration, commercialization, consumerism, cyber
technology, environmental degradation, new techniques of wrongs and 'development of
constitutional tort law, through expanding dimensions ofArticle 21 ofthe constitution have
substantially contributed to the development of compensatory jurisprudence in the Indian
Legal System. Consequently new wrongful acts have been included in torts and thus its
dimension is becoming very wide day by day.
I. INTRODUCTION
The term 'Tort' is a French word derived from the Latin Tortum which means - 'To Twist'
this is equivalent of the English word 'wrong' and Roman term 'Delict'. It is similar to Sanskrit
word 'Jimha' which as under ancient Hindu law used in the sense of tortious or fraudulent
conduct. The literal meaning of Tort is that 'any wrongful or illegal (act or omission) by which
one's legal rights are violated. Dr. Winfield says that Tortious liability arises from the breach
1 Author is an Associate Professor at Department of Law, D.A.V. (P.G.) College, Dehradun, India.
2 Author is an Associate Professor at Department of Law, D.A.V. (P.G.) College, Dehradun, India.
C 2022. International Journal of Law Management & Humanities [ISSN 2581-5369]
1178
[Vol. 5 Iss 2; 1178]](ViewImageLocal?handle=hein.journals/ijlmhs16&div=107&collection=&method=preview&ext=.png&size=3)
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Emerging Trends in Law of Torts: An Overview
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