The Door Left Ajar: Evolution of Law of Torts in India

 Prerna Deep
Campus Law Centre, Faculty of Law, University of Delhi, India

Volume-1, Issue-2, 2018

A “tort” is “[a] private or civil wrong or injury, including an action for bad faith breach of contract, for which the court will provide a remedy in the form of an action for damages.”

The pages of the history unveil the inevitability of the common law system for ages that has been based on judicial precedents that tackled problems on case to case basis. There are codified laws for most of the offenses but it is impractical to foresee all the wrongdoings and create laws for the same in advance.

This paper deals with the emerging and evolutionary form of law that came into existence with the increasing toll of unpredictable cases. There has been a shift towards a relatively new form of law, ‘The Law of Torts’ as a means to protect the public. The well-being of humanity is gaining its pace, making way for the Law of Torts which focuses on bringing forth harmony in every sphere. This paper explains the significance of this required harmony and thereby of the Law of Torts.

The paper also seeks to highlight the nature and essential prerequisites of the Law of Torts. The objective of the paper is to trace the historical evolution of the Law of torts and its current status and importance in the Indian Society. Furthermore, it establishes on the growth of this law in India. Lastly, the paper delves into analyzing the need for codified legislation in India and concludes by suggesting the necessary reforms and an international comparative study with the way Law of Torts is founded in other countries.


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