Introduction 

• The law of torts in India is primarily derived from English common law, adapted selectively for Indian context.  
• The term "tort" originates from the French word for "wrong" and the Latin word "tortum," meaning "twisted" or "wrong."  
• Two prominent definitions of tort are provided: one by Sir John Salmond, which describes tort as a civil wrong remedied by common law action for unliquidated damages, and another by Prof. P H Winfield, which emphasizes tortious liability arising from breach of a duty fixed by law. 

Major Principle of Tort Law 

• Damnum Sine Injuria 
  • It is a legal maxim which generally means that damage without injury. 
  • Under this maxim an actual damage has been cause without any infringement of legal rights, 
  • This principle simply suggests that if there is no harm to the legal rights of an individual then no liability can arise. 
  • In the case of Gloucester Grammar School (1410), a schoolmaster opening a competing school, forcing the plaintiff to lower their fees. The plaintiff sought compensation for their losses, but the court ruled that they had no remedy because, although morally wrong, the defendant’s actions hadn’t violated any legal rights of the plaintiff.
• Injuria Sine Damnum 
  • It is a legal maxim, which means that no damage has occurred, but injury has been caused. 
  • This maxim is opposite of Damnum Sine Injuria in this no actual loss to the person has been but to his legal rights have been caused. 
  • This is the maxim which gives rise to the concept of “when there is right there is a remedy”. 
  • Omprakash Sahni v. Jai Shankar Chaudhary (2023):  
    • The court also established the principle of "Injuria Sine Damnum," where damages can be claimed irrespective of whether an injury is caused.  
    • Lord Holt acknowledged that greater compensatory damages were appropriate in such cases to serve as a punishment and a deterrent against future misconduct by public officers and applied the concept of exemplary damages. 
• Principle of Vicarious Liability 
  • Vicarious liability’ deals with master and servant relationships. It means that it is based on two Latin maxims. 
  • Generally, a person is liable for his own wrongful acts, and one does not incur any liability for the acts done by others. 
  • In certain cases, however, vicarious liability, that is the liability of one person for the act of another person, may arise. 
  • The essential elements of vicarious liability are as follows: 
    • There must be a relationship of a certain kind. 
    • The wrongful act must be related to the relationship in a certain way. 
    • The wrongful act must be done within the course of employment. 
  • Pushpabai Purshottam Udeshi and Or. V. Ranjit Ginning and Pressing Co. (1977) 
    • The Supreme Court in its judgement overruled the judgement of the High Court and held that from the facts of the case it was clear that the accident had occurred due to the negligence of the manager who was driving the vehicle in the course of his employment and therefore, the respondent company was liable for his negligent act. 
• Volanti Non-Fit Injuria 
  • It is maxim which generally means injury that occurred through voluntary act. 
  • When a person has knowledge that damage may be caused due to his act, and he still undergoes such act then no one shall be held liable for his injury. 
  • Essential elements constituting volenti non fit injuria are as follows: 
    • Voluntary 
    • Agreement (express or implied) 
    • Knowledge of the risk 
  • Omprakash Sahni v. jai Shankar Choudhary (2023): 
    • This case well established the principle of Injuria Sine Damnum. This case sets the concept of when there is a right, there is a remedy. 
• Strict Liability & Absolute Liability 
  • Strict Liability 
    • The liability arises even when all the precautions has been taken by the defendant to prevent the harm but still the harm occurs. 
    • Essential element of Strict Liability: 
      • The hazardous thing must be bought by the defendant to his land. 
      • The hazardous thing must escape the land of the defendant. 
      • The use of land must be unnatural. 
    • Exceptions of Strict Liability: 
      • The plaintiff has consented. 
      • Act of God 
      • Act of stranger 
      • Act done by any statutory authority 
      • Default of the plaintiff 
  • Ryland v. Fletcher (1868):  
    • This case established the principle of strict liability as a stringent liability of a person even when there is no negligence. 
    • The principle of strict liability established in this case was seen as a departure from the usual negligence standard in tort law, creating a higher standard of care for potentially dangerous activities. 
  • Absolute Liability 
  • When a person attaches anything hazardous to his property and that hazardous substance leaves the earth then such person shall be held absolutely liable for such act. 
  • The wrongdoer under this cannot take a defense of natural calamity. 
  • M C Mehta v. Union of India (1986): 
    • The case is also known as oleum gas leak case. 
    • M C Mehta filed a case in the SC regarding the leakage of oleum gas from the Shriram Food and Fertilizer Industry in Delhi. 
    • This case led to the development of the concept of "absolute liability" in environmental law, making industries responsible for any harm caused by their operations, regardless of negligence. 

Conclusion  

Most of the principle of tort law originates from English law but Indian Courts have adopted them to meet the requirements as per Indian society. Tort is generally a breach of duty. Any person who suffers legal injury shall be entitled for the remedy under the law of torts.