This article on the law of torts (civil wrongs) has been written by Hunney Mittal.
HISTORY AND INTRODUCTION
As per Section 2(m) of the Limitations Act 1963, “Tort means any civil wrong which is not exclusively a breach of contract or breach of trust”. When a person suffers some damage arising out of the act or omission by another he or she can bring a civil suit against them for the unliquidated damages (compensation). Back in the times, when the country was still under the British rule, the concept which was followed was ‘King can do no wrong’ and hence, no liability can be imputed on the state for any damage caused by its employees and hence, no concept of vicarious liability where the employer is held responsible for the acts done by the employees in the course of employment.
While the scenario has changed completely after the institution of the Crown Proceedings Act of 1947 in England which made the Crown liable in torts like a private person of full age and capacity subject to certain exceptions inter alia in the realm of maintenance of armed forces, postal services, the same age old archaic concept is still followed in India.