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Interim Submission Aaditya

The document is an interim submission for a research project on the philosophy of law of torts. It provides an introduction to tort law, outlining its origins and definitions. The synopsis then outlines the scope of the research, which will focus on the evolution of tort law, philosophers' perspectives, fundamental torts derived from common law, and associated remedies. It lists several case laws that will be analyzed and presents two research questions about Salmond's definition of tort and where tort law lies in the Indian legal system. The conclusion reflects on understanding philosophers' philosophies on tort law through extensive research.

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Kashish Chhabra
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71 views3 pages

Interim Submission Aaditya

The document is an interim submission for a research project on the philosophy of law of torts. It provides an introduction to tort law, outlining its origins and definitions. The synopsis then outlines the scope of the research, which will focus on the evolution of tort law, philosophers' perspectives, fundamental torts derived from common law, and associated remedies. It lists several case laws that will be analyzed and presents two research questions about Salmond's definition of tort and where tort law lies in the Indian legal system. The conclusion reflects on understanding philosophers' philosophies on tort law through extensive research.

Uploaded by

Kashish Chhabra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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INTERIM SUBMISSION

NAME: AADITYA SINGH


PRN: 18010224061
DIVISION: B
PROGRAMME: B.B.A LLB
TOPIC: PHILOSOPHY OF LAW OF TORTS
INTRODUCTION
The word ‘tort’ is equivalent of English word ‘wrong’. In Roman,
it means ‘delict’. The word is derived from Latin word,’Tortum’
which means twisted or crooked. The word ‘tort’ in English law
added by French speaking lawyers and jurists. There are many
philosophers who defined what is it. This project will deal with all
the philosophers and their philosophies. In this article, then, I
examined philosophical issues revolving around each of the
‘elements’ of the tort of negligence: compensable injury, duty,
breach, actual cause.
SYNOPSIS
This research work would focus on evolution of Law of Torts and who
gave their own philosophies and fundamental torts that have been
derived from common law system and their respective remedies.
1) There would be an explanation to definition of law of torts and its
philosophy.
2) There would be critical analysis of the torts that are there. For
ex. Negligence, Assault, Battery, Malacious Prosecution etc.
3) How some torts have evolved to be crimes as well.
4) There would be emphasis on the doctrines that were established
under major tort case laws.
5) There would be a comparison of criminal liability V/s civil liability
i.e. Tort.
6) Case laws that will be analyzed are
 Ryland V/s Fletcher
 Lieback V/s MacDonalds
 Union Carbide V/s the Union of India
 Gloucester grammar school

RESEARCH QUESTION
What Salmond said about Tort?
In Indian law system where does the Law of Torts lie?

CONCLUSION
By this, I can say that it takes a lot of research to know about more
philosophers and their philosophies on it. This brief survey of philosophical
topics in tort law is of course necessarily incomplete. Certainly it does not
examine every controversy that arises within negligence law, but it also does
not even engage with the puzzle over the nature of tort law, or indeed with
any other topic, like the defensibility of and relations between a strict and
fault-based standard of liability. Still, by touching upon the issues that I
have surrounding negligence, I hope that I have succeeded both in providing
a glimpse of the current state of play in tort theory.

I have come to know about the research questions that Salmond


defined Tort, ‘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 a breach of trust or other merely
equitable obligations.’
And for second one, the tort definition is mentioned in section
(2) of the Indian limitation Act.

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