Day ?? – I don't even know what a tort is... but I'll try anyway.
I sat on my bed with my pen in hand, staring at the words: "Law of Torts." It felt cold, strange — like it didn't belong in my world. Law was something other people studied. Smart people. People who wore suits and argued in courtrooms, throwing around big words like "jurisprudence" and "plaintiff."
But me?
I was just Artic.
Just a guy trying to make sense of life — one topic, one breath, one word at a time.
---
🌱 So… what even is a tort?
I whispered it to myself:
"What is a tort?"
Not in a textbook way. In a real way. Like… if I was five years old again and someone hurt me, would that be a tort?
Maybe.
Okay. Let's begin from the beginning. Even before that.
---
📚 Chapter 1: What is Law?
So before I even ask what a tort is, I have to ask, what is law?
And slowly, I answer myself.
Law is just a set of rules.
Rules that help people live together in peace.
Rules that stop others from hurting you.
Rules that say what's right and what's wrong.
Like in school —
No bullying.
No stealing.
Say sorry if you hurt someone.
Help each other.
Simple.
But in the real world, things get complicated.
People hurt others.
Steal.
Lie.
And don't say sorry.
That's where law comes in — not just as rules, but as a system to give justice.
And within that system... there's a part called the Law of Torts.
---
🧩 Chapter 2: So what is a tort, Artic?
I closed my eyes and imagined:
A man walking down the street. Someone throws a banana peel on the road. He slips, falls, breaks his leg.
Now what?
He didn't break a contract.
Nobody committed a crime like murder or theft.
But still… he got hurt.
That's a tort.
A tort is a civil wrong.
Not a crime. Not a broken agreement. But a wrong that causes someone harm — and the law allows you to ask for compensation.
> Tort = Wrong + Harm + Legal Remedy
That's it.
So if someone harms me — even if it's not a crime — and I suffer injury, money loss, emotional pain…
Then I can go to court and say,
"Hey, this person hurt me. I want justice."
And the court can say,
"You're right. Here's your compensation."
---
⚖️ Chapter 3: Crime vs Tort vs Contract
I had to be sure I got this right.
There are three kinds of laws people talk about most:
1. Criminal Law – when someone breaks a rule and the state punishes them (like theft, murder).
2. Contract Law – when two people make a deal and someone breaks the promise.
3. Tort Law – when one person harms another without a contract, and not necessarily a crime, but still causes damage.
I wrote it in big letters:
> Tort = Private person vs Private person.
Not jail. Not police. Just… compensation.
---
🧠 Chapter 4: But what kind of "wrongs" are we talking about?
Torts can be many things. Here are some I started learning:
1. Negligence
This one is common.
Imagine a doctor forgets to remove a tool from your body after surgery. Or someone drives recklessly and hits a pedestrian.
They didn't mean to hurt you. But they were careless.
They didn't do what a reasonable person would have done.
That's negligence.
And you can sue them.
2. Nuisance
It sounds funny — "nuisance" — like an annoying kid pulling your sleeve.
But in law, it means something serious.
If someone keeps playing loud music every night, or pollutes your water, or dumps garbage in front of your house — and you can't live peacefully — that's nuisance.
You can go to court and say,
"Hey, my peace is disturbed."
3. Defamation
If someone spreads false things about you and it harms your reputation — it's called defamation.
There are two types:
Libel – written lies
Slander – spoken lies
And even though there's no injury to your body, your name got hurt. That matters too.
4. Trespass
When someone enters your land without permission.
Or even touches you without consent — that can also be trespass to person.
There's:
Trespass to Land – Entering your home or land without asking.
Trespass to Person – Unwanted touch, or threatening to hurt.
The law says: Your body and your property are yours. No one gets to violate that.
---
📜 Chapter 5: Essentials of a Tort
Okay okay… so when do we say a tort has happened?
There are a few essential things needed:
1. There must be a wrong act or omission.
Like driving dangerously, or saying lies about someone.
2. The wrong must cause legal harm.
There must be damage — physical, mental, financial, or emotional.
3. There should be a legal remedy available.
Like the right to claim money or ask for an apology.
If these are there — boom! Tort has happened.
---
💰 Chapter 6: What do you get in return?
If someone torts you (is that even a verb? Torting? lol), then what do you get?
The answer is: Compensation.
Also called Damages.
Money.
Justice.
Sometimes an apology.
Or an order from court saying "Stop doing this!"
This isn't about sending someone to jail. It's about making things right between two people.
---
🏛️ Chapter 7: Is tort law even important?
God yes.
I mean… think about it.
Most people don't get murdered.
Most people don't go around signing big contracts.
But nearly everyone gets wronged in small ways:
Slip and fall. Doctor's mistake. Noise next door. Gossip. Fake rumors. Car crashes.
Tort law is the law of daily life.
It protects ordinary people like me and you.
It says, "Hey, even if the police won't help you, and there's no contract — you still matter."
It gives you dignity.
It gives you a voice.
---
🛡️ Chapter 8: Defenses in Tort Law
Of course, it's not like every complaint is accepted blindly.
The person being accused can also defend themselves.
Some common defenses are:
Consent – "You agreed to this."
Act of God – "It was a natural disaster, not my fault."
Inevitable Accident – "I couldn't have stopped it, even with care."
Self-defense – "I had to protect myself."
Statutory Authority – "I did it under legal orders."
So the court listens to both sides. Carefully.
Justice isn't one-sided.
---
🔍 Chapter 9: Where does tort law come from?
I got curious — who made all this?
Well, tort law in India (and many other places) comes mostly from English Common Law — that means it developed slowly through judges' decisions, not written down in one book.
There are some laws that codify torts, like:
Motor Vehicles Act
Consumer Protection Act
Environmental Protection Act
But most tort law is judge-made law — case by case.
And it keeps evolving with time.
---
🧵 Chapter 10: Tort or Torts?
One last thing that confused me.
Is it the Law of Tort or Law of Torts?
Some scholars say "Law of Tort" — as in, there's just one big principle: "Don't harm others."
Others say "Law of Torts" — because there are many different kinds of torts (nuisance, negligence, etc.).
Both are used. No big deal.
What matters is understanding the spirit — not just the name.
---
🧠 My Summary (So I Never Forget)
So here's how I'll explain it to my future self, when I forget again:
> "Artic… the Law of Torts is your everyday armor.
It protects you from careless, cruel, or harmful behavior.
It gives you a path to get justice — not through violence, but through law.
If someone harms you — physically, mentally, emotionally, financially — and it's not a crime or a broken contract, you can still stand up.
That's what tort law is for."