Emerging Trends in Law of Torts: An Overview

  • Dr. J. S. Chandpuri and Dr. Vivek Kumar
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  • Dr. J. S. Chandpuri

    Associate Professor at Department of Law, D.A.V. (P.G.) College, Dehradun, India.

  • Dr. Vivek Kumar

    Associate Professor at Department of Law, D.A.V. (P.G.) College, Dehradun, India.

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During the early years of 14th century a simple procedure for administration of justice 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 of the 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 of Article 21 of the 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.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 2, Page 1178 - 1195

DOI: https://doij.org/10.10000/IJLMH.112919

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