top-rated free essay

History of Torts

By jarbt2013 Aug 16, 2013 421 Words
Historical Background of Law of Tort:
The modern law of torts has evolved through four main stages. In early stage when society was primitive private vengeance and self control were the only remedies available to the wronged person against the wrongdoer. He could get his wrong redressed with the help of his friends or relatives. The second stage of development of civil law was characterized by the state coming into existence when its functions were only persuasive in nature. It did not have enforcing power by which it could penalize the wrongdoer. In the third stage, wrong could be redressed by payment of compensation by the wrongdoer to the victim who was affected by the wrongful act. The modern law which represents the fourth stage recognizes the state as the sole authority to implement and enforce civil as well the criminal law for the administration of justice. Origin of Law of Torts in England:

In England during the reign of Henry II, English Law Courts were established which could punish all forms of violence as crime against the king’s peace instead of allowing them to compounded as private wrongs. Initially, certain crimes such as theft, trespass etc. were treated both as civil wrong and a crime leading to award of damages and punishment. This legal position continued until the end of 17th century when criminal wrong became separated from the civil action. The Forms of Action:

Prior to the passing of the Judicature Act, 1872 the common law procedure for civil wrongs was in the form of actions for torts. The forms of action were popularly called in two forms, namely (i) action of trespass and (ii) action on the case. For ascertaining whether in a given case plaintiff has a cause of action, a very simple procedure was adopted which has been described as the system of writs. The writ System:

During the early years of 14th century a simple procedure for administration of justice was adopted by the British King. Though there was no categorization of wrongs like crime, tort, breach of contract etc., the administration of criminal justice was solely vested with the King’s Court and action for trespass and other wrongs of civil nature were to be adjudicated by the Common Law Courts which were otherwise termed as the Court of Common Pleas. However, consequent to the passing of the judicature Act, 1873, the writ system was completely abolished and the plaintiff could file his plaint directly in the court without the requirement of a writ.

Cite This Document

Related Documents

  • History Of Tort Law in India and the United States of America

    ...History of Tort Law in India and Tort Law in the United States Of America   A tort can be known as that area of law wherein the courts provide remedies of permitting a lawsuit for damages in acknowledgement of a private or civil wrong.  In India and the United States Of America, resemblance in law, if any, seems to have been inherited fr...

    Read More
  • Tort

    ...situations or acts that are not directly marked as crimes and not arise out of contracts or statutes. Those acts are considered as civil wrongs and cause damages and injuries to individuals or businesses. These damages, injuries or wrongful acts are called tort. Tort is the area of law where in response to a private or civil wrong or injury the...

    Read More
  • Tort

    ...A civil wrong other than a breach of contract. Tort usually refers to the causing of damage to property or to a person's reputation, or harm to a person's commercial interests. Wrongful act, other than a breach of contract, that injures another and for which the law permits a civil (noncriminal) action to be brought. Relief may be obtained in...

    Read More
  • history

    ...Paper - I 1. Sources: Archaeological sources:Exploration, excavation, epigraphy, numismatics, monuments Literary sources: Indigenous: Primary and secondary; poetry, scientific literature, literature, literature in regional languages, religious literature. Foreign accounts: Greek, Chinese and Arab writers. 2. Pre-history and Proto-history:...

    Read More
  • TORTS PRETEST

    ...TORTS – PRETEST (5 points each) Question 1 A HARMFUL OR OFFENSIVE CONTACT IS AN ELEMENT OF WHICH OF THE FOLLOWING TORTS? intentional infliction of emotional distress conversion BATTERY slander Question 2 AFFIRMATIVE DEFENSES IN TORT ACTIONS COMMONLY INCLUDE ____. assumption of risk contributory negligence comparative negligence ...

    Read More
  • Negligence As A Tort

    ... DR. RAM MANOHAR LOHIA NATIONAL LAW UNIVERSITY LUCKNOW (2014-2015) FINAL DRAFT ON “TORT OF NEGLIGENCE” Submitted to Submitted BY Mr. R.K Yadav RAHAT ALI Astt. Prof. (Law) ...

    Read More
  • Torts

    ...Chapter 1 (principles book) What is a Tort? You mean a tart? Like a caramel tart? Torts are common law causes of action. A tort is a wrongdoing that results in injury to another person or damage to property. Torts differ from crimes in that crimes are punishable by the state in criminal court, whereas torts generally allow individuals t...

    Read More
  • Tort

    ...Tort Civil or non-criminal wrongful conducts or omissions arising out from non-contractual obligations and causing injuries to another party by providing remedies for the injuries. “Tort”norman-french language –means mischief and wrong Comes from latin- tortus – means crooked, wrung and twisted. Sir John Salmon – Tort: a civil ...

    Read More

Discover the Best Free Essays on StudyMode

Conquer writer's block once and for all.

High Quality Essays

Our library contains thousands of carefully selected free research papers and essays.

Popular Topics

No matter the topic you're researching, chances are we have it covered.