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LEGAL APTITUDE AND LOGICAL REASONING -TORT LAW

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LEGAL APTITUDE AND LOGICAL REASONING -TORT LAW

Tort Meaning

Tort – means a civil wrong.

The word tort is the French equivalent of the English word wrong. The word “Tort” is derived from the Latin word “Tortum” which means twisted.

In general Tort, the meaning is a civil wrong that causes a claimant to suffer loss or harm resulting in legal liability for the person who commits the wrongful act.

Parties – There are 2 parties in a Tort

a. Plaintiff- is a person who sustains an injury or suffers loss as the result of the wrongful act. The aggrieved/injured party.

b. Tort Feasor– is a person who is responsible for the injury sustained by the plaintiff and incurs liability for the damage caused by the wrongful act. Commonly known as the defendant.

The Law of Tort is an interesting topic to deal with. Though not a complex law it demands a certain understanding for demarcation between the law of torts and other wrongs. Now being part of CS Executive Entrance Test (CSEET) comprising of Objective Type/ Multiple Choice questions, let us look at the law of torts with a similar viewpoint where we learn torts in a more granulated form.

What is a Tort?
A tort is basically as act or omission by the tortfeasor that causes loss, harm or damage to the plaintiff

What is Tort Law?
Law of Torts is hold of responsibility and remedies that is tried by the Courts in civil proceedings to provide relief for persons who have suffered harm (i.e. the aggrieved person) from the wrongful acts of others (i.e. the tortfeasor).

 

Essential Elements of Tort

A wrongful act shall be construed as a tort only if the following 3 essential elements of Tort prevail-

a. Wrongful act or inaction – The act must be a wrongful one causing damage
b. Legal Damage – Damage must be legally recognized
c. Legal remedy – There should be a legal remedy as against wrongful act

Thus, all civil wrong cannot be said as a tort.

Legal Terminology:

  1.  Damnum Sine Injuria
  2.  Injuria Sine Damnum
  3.  Mens Rea

There is much more to learn about TORT LAWS read here.

 

Takshila Learning is also providing CSEET Online Classes, CS Executive Online Classes, CS Professional and CS Executive Entrance Test (CSEET) which will help you in preparing for Company Secretary course by staying at your home with all the comfort or you can prepare even while doing a job as you can watch our videos multiple times from anywhere on any device and on any time.

 

For more details for #CSEET

visit Takshila learning or call@8800999280/83/84

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