Write a detailed account of the kind of rights involved in the tort law.

INTRODUCTIONLaw has distinguished the obligations of the parties into several types but there are

basically two main types of obligations under which the whole obligations may be

defined. These two and the most basic type of obligations are

Contractual obligations Non-contractual obligations

Tort law is basically defined under non-contractual obligations. In tort law the obligations

are of such type that they do not come into existence with the mutual consent of the

parties. In fact these type of obligations come into existence with the happening of any

certain events that are not predefined. When a certain event happens or does not

happen these contracts comes to existence and the obligation is created on the parties.

Tort law may be said as the right to “REM”. The word tort refers to torture which means

mental or physical agony.

ACCORDING TO SALMAND

“Tort is a civil wrong for which the remedy is a common law

action for unqualified damages.”

UNDERHILL DEFINED IT AS;

Tort is a wrong independent of contract and resulting in;

Infringement of an absolute right of another person to which he is entitled;

Infringement of a qualified right of some other person causing actual damages;

Infringement of a public right causing another to suffer some special damages;

Underhill has clearly defined the tort law and he has also enlightened the kinds of rights

involved in the tort law. In the light of the definition by Salmand and Underhill we can

extract a lot of things about tort law.

KINDS OF RIGHTS INVOLVED IN A TORT LAW

There is no single principle of tort law but a series of different torts with different origins

and purposes They protect a number of different interests against different kinds of

interference (usually by compensation for the consequences – that is, damages; but

sometimes by an order to stop – that is, an injunction). In a tort law when we talk about

the rights we are actually talking about the “rem”. The kinds of rights that are involved in

a tort law are known as “rights to rem”. Following are the rights to rem under tort law.

Absolute right

Qualified right

Nuisance/public right

ABSOLUTE RIGHT

According to the absolute right as person has absolute right to his liberty, security,

property and reputation.

RIGHTS TO LIBERTY

A person can demand any kind of liberty. It is his absolute right that he have any type of

liberty e.g. liberty to go anywhere, liberty to write, liberty to travel. No one can stop other

from going anywhere or doing any work. All such type of works that are allowed by the

law and are not violating or infringing the rights of others comes under the scope of

liberty and the people are allowed to do that

RIGHTS TO SECURITY

Tort law protects the security rights of every individual. Everyone has the right to seek

security. Security may be of any kind like the security of home, life, etc. If anyone tries

to violate the security of others he may seek remedy under ordinary law which is

protected by tort law.

RIGHT TO PROPERTY

Tort law also protects the rights to property of people. It provides the people with the

liberty to enjoy the rights of their property. It helps the people to live freely in their

property and to be safe in it. It guarantees them that their land is secure and that if

anyone tried to enter in it without their permission law will protect them.

Tort law protects the property of both types weather that is movable or that is

immovable. Poth type of properties are secure for them and they can enjoy it without the

fear of anyone and any kind of legal activity could be carried out in it. For this purpose

there are basically three types of laws, these are as under.

TRESPASS TO LAND

It is a kind of absolute right which protects anyone from entering into the property of

anyone with malicious intention of any type. Anyone who tries to steal anything of

inferring any other type of property right is held guilty under trespass to land which is

dealt under intentional tort.

TRESPASS TO CHATTELS

Trespass to chattels is a law which is made to protect the rights of movable properties

of people. No one can take the movable property of other without his permission. Any

type of movable property is absolute right of owner and he can do whatever with it

without infringing the rights f others.

CONVERSION

This law is to protect those properties which are kept with others on the basis of

conviction. It provides the right to people to feel relax about the properties that they

have kept with others on trust basis. It provides them security regarding the use of any

property i.e. no one will use their property and it will be returned back to them as it was

given by them. In any case of misuse of their property remedy is available under the

law.

RIGHT TO REPUTATION

This tort is made with an intention to protect the reputation of people. In this case the

tort of “defamation” and the tort of “false imprisonments” protect the rights of reputation.

Anyone who tries to infringe the reputation of other is accounted for under the above

mentioned torts.

QUALIFIED RIGHTS

A qualified right means a right to be preserve from damages by certain action or

omission of other person. Any damage caused by the negligence of other people comes

under qualified right. No action will lie without the proof of actual damages.

NUISANCE

Any such activity that impairs you from work is your right of nuisance and you can seek

remedy for it.

PUBLIC RIGHT

A public right is right that all men enjoys in common. Every individual has the right of

avail that facility e.g. right to use highway. Any kind of facility that is provided to people

could be availed by anyone who fulfills the basic requirements for that.

CONCLUSIONTort is a branch of the civil law based on a claim that the defendant has caused injury or

loss to the claimant by breaking a relevant obligation imposed by the general law. Tort

law provides them remedy and provides them safety. It comes into existence without

contract and is resolved with law.