Overview
The development of the law of torts encompasses the whole journey of this law from ancient times to the present era. This law deals with actions done by any person that has caused harm to another person. The affected individual gets compensation against this act via civil litigation. In this paper, we are going to discuss in detail how tort law has evolved.
Development of Law of Torts
- The concept of tort in India dates back to the English colonial invasion of the country that is in the year 1726 when the Charter Act was imposed.
- In those times, English courts were established in the princely states of India. These courts implied the system of the common law of which tort was also a part as it is inseparable from the same.
- Afterward, a case of Naval Kishore v. Narendranath & Others occurred. During this case, it was realized that the English law of torts must be aligned with Indian traditions and customs.
- During another case i.e. M.C. Mehta v. Union of India (1987), another importance of this law was realized. This case emphasized that there is a need to develop new principles and norms in this law to address the problems of the industrialized economy.
- During this case, it is also suggested that Indian laws must not be influenced by foreign land laws. This is because the conditions within and outside the country are very different from each other.
- As per section 9 of the code of civil procedure, the law of torts is always based on principles of justice, good conscience, and equity.
Conclusion
In summary, we can say that the development of the law of torts exhibits the efforts that are still going on as per the changes in society. The law is trying to create a balance between society and individual interests. This development of law over its period also points out a factor that it will continue to evolve until the society and its people evolve in nature.
