Part of the common law series |
Tort law |
---|
(Outline) |
Trespass to the person |
Property torts |
Dignitary torts |
Negligent torts |
Principles of negligence |
Strict and absolute liability |
Nuisance |
Economic torts |
|
Defences |
Liability |
Remedies |
Other topics in tort law |
|
By jurisdiction |
Other common law areas |
![]() 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.