An Empirical Study on Liability in Torts –A Critical Analysis

Abstract

Tort is a civil wrong that causes harm to another person by violating a protected right. The specific rights protected give rise to the unique “elements” of each tort. A Court imposes liability for torts to compensate an injured party for an act or an omission.Unfair act implies any demonstration, error, or exclusion disregarding the law, particularly the common law of torts. Improper demonstration curtails the privileges of another to his/her harm, except if it be done in the activity of an equivalent or unrivaled right. Generally liability arises from breach of duty but in the primitive period, liability was based more on a desire on the part of the aggrieved, in taking revenge on the wrongdoer. Later this jurisprudence based on taking revenge, upon the wrongdoer was changed to the idea of refinement. The Indian Judiciary attempted to endeavor following the Bhopal Gas Tragedy, December, 1984 (Union Carbide Company versus Association of India) to uphold more noteworthy measure of assurance to the Public. The Doctrine of Absolute Liability was subsequently advanced in Oleum Gas Leak Case and can be said to be a solid legitimate device against maverick partnerships that were careless towards wellbeing dangers for people in general. This legitimate convention was substantially more dominant than the lawful Doctrine of Strict Liability created on account of English tort law Rylands v Fletcher [1868]. This implied the defaulter could be held obligated for even outsider mistakes when the open was at a practical hazard.
Total risk is utilized for certain administrative offenses in which it is vital for people occupied with conceivably risky or unsafe action to practice the outrageous.Absolute Liability has no exceptions, it implies that a person cannot avoid liability on the ground that she or he acted under a reasonable mistake of fact that the act was done with innocence. This study focuses on the importance of various liabilities under the torts and the remedies available to the aggrieved party by the acts of defendant. The aim of the study is to provide relief to injured parties for harms caused by others, to impose liability on parties responsible for the harm, and to deter others from committing harmful acts.This study uses SPSS software to analyze and present the data collected from the frequency table,cross tabulation, chi square test. The conclusion is that the aggrieved party does not have to prove that the defendant was negligent in order to win a claim of damages. The sample size of the respondents through survey is 1827. Since the value is less than0.05, the null hypothesis is rejected and there is significance between the respondents profile and the various liabilities available under torts.