-Nature Of Law:
Law kya hai?
Law is a set of rules decided by particular authorities meant for the purpose of keeping the peace and security of society.
Society ko sahi dhang se chalane k liye hume kuch rules follow karna zaruri hota society me aman aur shanti banaye rakhne ke liye aur wohi rules ko hum Law kehte hai
Tort Kya hai?
Wrong ful activity jo itni badi nahi ke usse crime kaha jaaye
Any Wrongful act that is liable for compensation and not punishment until the other person has gone through something so bad which cannot be compensated by money
Koi crime Agar sirf ek person ko ya do ko is tarah affect krta hai ke usko compensation se sambhala jaskta hai to use bada crime nhi mana jaata h aur isliye usko criminal law ke bajaye law of torts ke zariye deal krte hai
-Definitions of Law of Torts: (Ye as it is yaad karna padega)
Some of the important definitions, which indicate the nature of this branch of law, are as under :
1. ‘Tort means a civil wrong which is not exclusively a breach of contract or breach of trust”—S. 2(m), the Limitation Act, 1963.
2. “It is a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation.” —Salmond.
3. “Tortious Liability arises from the breach of a duty primarily fixed by the law : this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.”—Winfield.
4. “It is an infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party.”—Fraser.
-Development of Law Of Torts:
• If an act is just a Civil wrong and not crime than it will be considered as tort
Koi bhi galat kaam jo kuch logo k liye ho ya usse kuch ko hi takleef horahi h to wo tort me aayega
• If an act is so small that it can be covered up by compensation than it is a tort
Koi bhi galat kaam agar sirf itna chota hai ke usse compensation krke kaam hojaye to wo tort hai
• Tort is other than a breach of contract or breach of trust it is like a breach of duty
Tort breach of contract ya breach of trust se alag hai isme breach of duty horahi h like kisiki duty hai koi kaam karna but wo, wo kaam nhi kar raha h ya kar raha h to galat dhang se kar raha h
•Tort is an infringement or privation of private or civil rights belonging to individuals
Hum sabko kuch rights mili hai as an individual agar koi usme dakhal deta h ya hmare sath galat krta hai to wo torts me aayega
-Tort and Crime distinguished
A tort is not a crime. Hum tort ko crime nahi kehsakte hai kyuki uska affect poore state ya world pe nahi padta hai, Although criminal law and tort law grew from the same roots, iske bawjood ke torts aur crime ek hi ped se nikli hui jade hai they are today quite distinct and different. Magar fir bhi dono me kaafi difference hai
Criminal law is designed to provide security for the citizen of the state.
Criminal Law state k saare citizens ko koi cheez affect krti hai to uski security k liye banaya gaya hai,
whereas Tort is an infringement or privation of private or civil rights belonging to individuals
torts hamare private problems ko suljhane k liye banaya gaya hai
crime is a breach of public rights and duties which affect the whole community
Criminal law un chezo k liye banaya gaya h ke agar usse roka ya control nhi kiya gaya to wo poore state ko affect krsta hai
In tort the wrong doer has to compensate the injured party whereas in crime, he is punished by the state in the interest of the society.
Tort me jiske sath galat hua hota hai usse compensation miljati hai aur galat krne wale ko warning but crime me aisa nhi hota crime me usse apne kaam k liye punishment milti hai
In tort the action is brought about by the injured party whereas in crime the proceedings are conducted in the name of the state.
Tort me jiske sath galat hua hota h wo case krskta hai but crime me koi bhi krskta hai jiske sath wrng hua but wo proceeding poore desh ko nazar me rakhte hue hoti hai
In tort damages are paid for compensating the injured and in crime it is paid out of the fine which is paid as a part of punishment.
Tort me jiske sath wrong hua h usse compensation milta hai but crime krne wale ko punishment aur fine dena padta hai jo government ke paas jaata h jiske sath galat hua hai uske paas nahi
The damages in tort are unliquidated and in crime they are liquidated.
Tort me koi bhi galat kaam ka amount pehle se nhi pata lagaya jaskta hai court uske damage k hisabse decide krti hai ke kitna nuksaan hua hai but crime me aisa damage hota h jisska paise me hisab nhi lagaya jaskta hai isliye usme punishment aur fine best methods hote hai
-Tort and Breach of contract Distinguished
Tort and contract are distinguished from one another, the duties in torts are primarily fixed by law while in the contract they are fixed by the parties themselves.
Tort aur contract me ek dusre se ekdum alag hai jaha torts me duties pehlse se batayi jaachuki hai aur fixed hai sbke liye wahi contract me do parties milke apne rules decide krti hai ek baat pr sehmat hoti hai aur fir sign krti hai
Agreement is the basis for all contractual obligations. People cannot pre decide these things by an agreement. Like I am under a duty not to assault you, not to slander you, not to trespass upon your land because the law says that and I am under such duty because of law and not because I have agreed with you to undertake such a duty.
Agreement me hum khud decide krte hai hamare liabilities but aisi cheze jo karna hmari duty to hai par wo isliye kyuki government ne law banaya h usse follow krne ka aur hm usse follow krne k liye liable hai. Jaise meri duty hai ke main apko marr peet nhi skti, ya apke baare me ulta seedha bolke apki reputation kharab nhi krsti, na hi apki land ya property ne zabardasti ghus sakti isliye kyuki ye law hai mujhe follow krna hi hai isliye nhi ke maine apke sath pehlse hi koi agreement sign kiya h ke main ye sb nhi krsti apke saath
A tort is inflicted against or without consent; a contract is founded upon consent.
Tort me koi wrong doer zabardasti dusre insan k sath galat krta hai pehle bata ke ya usse puchke nhi krta hai but contract do logo ke beech unke consent se banta hai
In tort no privity is needed, but it is necessarily implied in a contract.
Tort me ap kisiko jante nhi bhi ho to bhi galat hojata h but contract me ye zaruri hai ke ap usse ache se jaante ho aur soch smjhkr uske sath contract me aaye
A tort is a violation in rem (right vested in some person and available against the world at large.); a breach of contract is an infringement of a right in personam( right available against some determinate person or body)
Tort me hum apni kisi aisi duty ko voilate krte hai jisse pehle se har insan k liye nirdhaarit kiya gaya h magar breach of contract me hum us insan ki right ka ulanghan kr rahe h jisse hmne khud baat cheet k baad final kiya tha
Motive is often taken into consideration in tort, but it is immaterial in a breach of contract.
Tort me duty follow kyu nhi kiya uske peeche wajah kya thi in baato ko aksar consider kiya jaata h but breach of contract me aisa nhi hai apke motive se koi mtlb nhi hota h jo wafa hua h usse complt krna hota hi h wajah koi b ho ap back out nhi krskte
In tort the measure of damages is not strictly limited nor is it capable of being indicated with precision; in a breach of contract the measure of damages is generally more or less nearly determined by the stipulations of the parties.
Tort me damage ka hum exact pehle se determine nhi krste hai but contract me damages k harjaane ki baat pehle hi clear ki jaati hai contract me
-Tort and Breach of trust Distinguished:
-Tort is a civil wrong were in case of any damage to an individual Civil proceedings shall be instituted and will be sorted through compensations whereas Breach of Trust is a criminal offences, where the wrong doer is liable for punishment with imprisonment, or fine or both.
Tort me agar kisi ka right voilate hota hai to civil procedure hota hai aur usse compensation ke through solve krdiya jaata hai jabki breach of trust ek criminal offence mana jaayega jaha galat krne wale ko saza milegi imprisonment, fine ya dono ke form me
-Tort is not codified by law whereas Breach of contract is a codified law
Tort ki saza wagairah constitution me likha hua nhi hai whereas breach of contract ki saza or details pehle se likhi hui h indian constitution me
-The law of torts in its origin is a part of the common law but Breach of Trust falls exclusively within the jurisdiction of equity.
Law of torts common public pr apply hota h isliye common law ke antargat aate hai jabki breach of trust sirf or sirf jurisdiction of equity ke under me ata h
In Torts the plaintiff (Jo case krta hai) and the defendant (Jispar case hota hai) may or may not know each other previous to the incidence of tortious liability whereas in breach of contract the plaintiff and the defendant know each other from the beginning. In fact the law of the trust is depended upon the trust on each other.
Torts me jisne galat kiya hai jiske sath wo dono pehle se ek dusre ko nhi jaante h to koi baat nhi chalta hai but breach of trust to trust oar hi based hota h to dono ka pehle se achi tarah parichit hona zaruri hai
In torts The legal remedy for a tortious liability is unliquidated damages whereas Injunctions (court ka order koi karne ya na krne k liye), specific restitution of property (Us cheez ko thik krke ya new dena jiska nuksaan kiya gaya ho), and the payment of liquidated sums of money by way of penalty (Jo amount pehle se finalised hota h), etc. are legal remedies available to the plaintiff. Besides them, the defendant is also liable for fine or imprisonment or both under” the criminal proceedings.
Torts me remedy k naam par sirf compensation hota h jbki breach of trust me government order ya Us cheez ko thik krke dena padta hai ya new kharidke dena hota h hai usse jiska nuksaan kiya gaya ho ya penalty ke form me wo amount bharna padta h jo pehle se finalised hota h yaha tk ke usme imprisonment b hoskti h
Blawging With Aisha 