The Law of Torts is another branch of the Indian Law. Not just the Indian judiciary, but the legislation of several other countries have known this law being essential to being incorporated within a society. The categories of civil and criminal procedures have a sphere of crime and punishment, so the law of tort emerges when a misconduct in the eyes of law can’t stand a chance in either of the legal procedures, civil or criminal, namely.
There have been several debates over the implications of the law of torts, yet there have been additions to it according to the changing times and the changing crimes. Widely the definition of torts carry the clause of “a civil wrong”, to be the base of a charge to be pressed upon under this law. This also stirs up the question that, if torts is a civil wrong then how to differentiate between a crime and a tort?
One of the main differences of a criminal case and a case of tort remains the remedial provisions. The criminal court passes a remedy or a verdict towards punishing an offender for the offense, while a compensation is awarded in civil courts for a case of tort. Another basic difference is that the crimes, punishable in criminal courts, are misconduct towards the society at large and the latter is a result of a private wrong committed. Many a times it also happens that a wrong can be considered under both the laws, for an instance the crime of negligence.
The next important thing to know about the law of torts is that this law is not codified and have no sections of charges, unlike the Indian Penal Code. The law of torts have maxims and generally are derived from the French and the Latin terminologies. In studying further, these maxims pose a factual relation with the cases dealt with under the definition of torts and each has a logical explanation making the law a flexible form of accessibility.
Each maxim applies to the liability that the conduct falls under and these liabilities decide the measure of the remedy. Simple liability, Vicarious liability and Strict liability are the classifications of liability and each impose remedies fit for the wrong doing.
Everything stated above is a briefing on how the maxim Ubi jus ibi remedium, every wrong has a remedy, proves right in our Legislature.
By Merrin Kuriakose