Tort law in India

Tort law in India
National flag of Republic of India
Legal system
Common law
Sources of tort law
Common law
Statutes
Categories of tort law
Assault
Battery
False imprisonment
Negligence
Professional negligence
Contributory negligence
Defamation
Economic torts
Conspiracy
Fraud
Intentional interference
Restraint of trade
Land torts
Trespass
Nuisance
Rule in Rylands v Fletcher
Constitutional torts

Tort law in India is primarily governed by judicial precedent as in other common law jurisdictions, supplemented by statutes governing damages, civil procedure, and codifying common law torts. As in other common law jurisdictions, a tort is breach of a non-contractual duty which has caused damage to the plaintiff giving rise to a civil cause of action and for which remedy is available. If a remedy does not exist, a tort has not been committed since the rationale of tort law is to provide a remedy to the person who has been wronged.

While Indian tort law is generally derived from English law, there are certain differences between the two systems. Indian tort law uniquely includes remedies for constitutional torts, which are actions by the government that infringe upon rights enshrined in the Constitution, as well as a system of absolute liability for businesses engaged in hazardous activity.


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