Lawful Acts in the Context of Exercising of Legal Rights: A Critical Analysis
Ihina Mukhopadhyay, Symbiosis Law School, Hyderabad.
Torts as we can all define as a civil wrong or an injury that is independent of an implied contract. A tort is a French word that in English means wrong[1]. Its derivation is from the Latin word “tortum”[2]. It has been defined in several ways, by various jurists.
Sir Fredrick Pollock said, 'The law of torts in civil wrongs is a collective name for the rules governing many species of liability which, although their subject-matter is wide and varied, have certain broad features in common, are enforced by the same kind of legal process and are subject to similar exceptions.'[3] It gained importance after the advent of British rule in India. Before this, it did not find much rise. Now as the topic suggests, this research work, can be simply deduced to the general exceptions in torts or as we rightly call the justifications in tort, the defences distinctive are eight.
[1] Dr. RK Bhagia, Law of Torts including compensation under the motor vehicle act and consumer protection laws, 3 Allahabad law agency, 25th edition, 2020 [2] Dr. RK Bhagia, Law of Torts including compensation under the motor vehicle act and consumer protection laws, 3 Allahabad law agency, 25th edition, 2020 [3] Pollock, Law of Torts, 11th Edn., p. 15
