Introduction:

The word tort has been derived from the Latin term ‘tortum’, which means ‘to twist. Thus “tort” means “a conduct which is not straight or lawful, but, on the other hand, twisted, crooked or unlawful.” it is equivalent to the English term ’wrong’. The law of torts consists of various ‘torts’ or wrongful acts whereby the wrongdoer violates some legal right vested in another person. The law imposes a duty to respect the legal rights vested in the members of the society and the person making a breach of that duty is said to have done the wrongful act. 

As ‘crime’ is a wrongful act, which results from the breach of a duty recognized by criminal law, a ‘breach of contract’ is the non-performance of a duty undertaken by a party to a contract, similarly, ‘tort’ is a breach of duty recognized under the law of torts.

Tort law is the area of the law that covers most civil suits. Generally, every claim that arises in civil court, with the exception of contractual disputes, falls under tort law. The concept of this area of law is to redress a wrong done to a person and provide relief from the wrongful acts of others, usually by awarding monetary damages as compensation. The original intent of tort is to provide full compensation for proved harms.

Essential Elements of a tort:

Three essential elements which constitute a tort are,

1. A wrongful act or omission, and
2. The duty imposed by the law.
3. The act must give rise to legal or actual damage, and

It should be of such a nature that it should give rise to a legal remedy in the form of an action for damages.

Objectives of a tort:

1. To determine rights between the parties to a dispute.
2. To prevent the continuation or repetition of harm i.e. by giving orders of the injunction.
3. To protect certain rights of every individual recognized by law i.e. a person’s reputation.
4. To restore one’s property to its rightful owner i.e. where the property is wrongfully taken away from its rightful owner. 

Nuisance:

Nuisance as a tort means an unlawful interference with a person’s use or enjoyment of land, or some right over, or in connection with it. Acts interfering with comfort, health or safety are examples of it. The interference may be anyways, e.g., noise, vibrations, heat, smoke, smell, fumes, water, gas, electricity, evacuation or disease-producing germs.

Nuisance should be distinguished from trespass. Trespass is:

1. A direct physical interference,
2. With the plaintiff’s possession of land,
3. Though some materials are tangible objects.

Both nuisance and trespass are similar in so far as in either case the plaintiff has to show his possession of the land. The two main even coincide some kinds of nuisance being also continuing trespassers. 

The points of distinction between the two are as follows: 

If interference is direct, the wrong is trespass, if it is consequential, it amounts to a nuisance. Planting a tree on another’s land is trespass. But when a person plants a tree over his own land and the roots or branches project into or over the land of another person, this is a nuisance. To throw stones upon one’s neighbour’s premises is the wrong of trespass; to allow stones from a chimney to fall upon those premises is the wrong of a nuisance.

  Trespass is interference with a person’s possession of the land. In nuisance, there is interference with a person’s use or enjoyment of land. Such interference with the use or enjoyment could be there without any interference with the procession. 

Kinds of Nuisance:

Nuisance is of two kinds:

1. Public or Common Nuisance.
2. Private Nuisance, or Tort of Nuisance.

Public Nuisance:

“Section 268” of the Indian Penal Code, defines it as “an act or illegal omission which causes any common injury, danger or annoyance, to the people in general who dwell, or occupy the property, in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.” 

A public nuisance is a criminal offence at common law. But a private individual can bring an action in tort for damages for public nuisance if they can show that they have suffered special damage over and above that suffered by other members of the public affected by the nuisance.

In the following circumstances, an individual may have a private right of action in respect a public nuisance.

1. He must show a particular injury to himself beyond that which is suffered by the rest of public i.e. he must show that he has suffered some damage more than what the general body of the public had to suffer.

2. Such injury must be direct, not a mere consequential injury; as, where one is obstructed, but another is left open.

3. The injury must be shown to be of a substantial character, not fleeting or evanescent.

Reference:

Book:

• Dr. R.K. Bangia’s “Law of Torts” 23rd edition 2013

Websites:

• www.investopedia.com title of the article “Tort law” by  ADAM HAYES on Jun 1, 2020.
• www.blog.ipleaders.in title of the article “Law of torts notes (part 1)” By Diva Rai on August 17, 2020/