JainMark
09-28-2007, 04:15 AM
The word ‘tort’ is actually a Latin term. The word ‘Tortum’ in its etymological sense means ‘twisting out’ and in the more popular terminology it implies conduct, which is twisted or unlawful. In that sense, it is equivalent to the English word ‘wrong’.
It was the Norman jurists who first introduced the term ‘tort’ into the English law. In due course, this term was used for those special wrongs, for which English courts allowed action to be taken in terms of ‘tort’ for giving remedies. Thus this law provides a remedy for unlimited damages for those unlawful or wrong acts, which violates the legal rights of a citizen.
It is the duty of every person to respect the legal rights of others. If a person violates his legal duty, he does a wrongful act and if by his act an injury is caused to the legal right of another person, then the aggrieved person can file a suit for damages against the person who has committed the wrongful act.
The law of tort requires the courts “to give judgments and sentences which are just and right”. The law courts have been established by ‘acts’ written by the eminent framers of the constitution. The Acts that govern the courts contain a section that allows them, to act according to norms of “justice, equity and good conscience” in the absence of any specific customary law or usage to be applied for a particular situation.
Some litigants and their equally unscrupulous lawyers by hauling individuals and businesses to the court have used this law, which should have been used only when some damage has been done to a particular person, to make a lottery. The texans for public justice (http://www.tortreform.com/texans-for-public-justice-release) (TPJ) has been in the forefront campaigning for massive changes in the Tort law in Texas.
It was the Norman jurists who first introduced the term ‘tort’ into the English law. In due course, this term was used for those special wrongs, for which English courts allowed action to be taken in terms of ‘tort’ for giving remedies. Thus this law provides a remedy for unlimited damages for those unlawful or wrong acts, which violates the legal rights of a citizen.
It is the duty of every person to respect the legal rights of others. If a person violates his legal duty, he does a wrongful act and if by his act an injury is caused to the legal right of another person, then the aggrieved person can file a suit for damages against the person who has committed the wrongful act.
The law of tort requires the courts “to give judgments and sentences which are just and right”. The law courts have been established by ‘acts’ written by the eminent framers of the constitution. The Acts that govern the courts contain a section that allows them, to act according to norms of “justice, equity and good conscience” in the absence of any specific customary law or usage to be applied for a particular situation.
Some litigants and their equally unscrupulous lawyers by hauling individuals and businesses to the court have used this law, which should have been used only when some damage has been done to a particular person, to make a lottery. The texans for public justice (http://www.tortreform.com/texans-for-public-justice-release) (TPJ) has been in the forefront campaigning for massive changes in the Tort law in Texas.