Edited by: Vaani Garg
As we all have read about Tort earlier and now we know what can be constituted as the term Tort and what are the essentials of Tort, now it’s time to learn about the categories and wrongs in Tort.
Categories of Tort
The two basic categories of Tort are Intentional Torts & Negligent Torts-
- Intentional Torts – The name Intentional Torts includes the intention of the defendant to commit an act that harms the plaintiff, by whom the injury or damages are suffered. It can either be general or specific, the intent should be proven to prove the defendant guilty. To commit an intentional Tort, the act should be intentional in nature.
Here are few examples of common intentional Torts – battery, assault, false imprisonment, trespass to land, trespass to chattels and intentional infliction of emotional distress.
We can take help of Criminal law or Indian Penal Code to understand it. In IPC there is a Latin term Mens Rea which means that to commit a crime, the intention or knowledge of the defendant must be there. Hence the above-mentioned examples include the intention or the mental element of the person committing the crime.
- Negligent Torts – Here the term negligence is important. It means failure to perform in an appropriate manner or according to the rules of law or a failure to exercise a proper duty of care as compared to how the reasonably prudent man would exercise. This area of tort is caused by carelessness and not intentional harm.
Types of Wrong
We always say this is wrong, but what is considered as wrong in law? The basic definition of wrong is a violation by one individual of another individual’s legal rights.
Public Wrong and Private Wrong
Under this, the wrongs are tried in criminal courts, making it a criminal matter and the defendant is punished under criminal law. Public law deals with issues that affect the general public at larger scale or society as a whole and is against the state, making it a crime.
These types of wrong are civil in nature and are tried in civil court. These wrongs are against an individual, not public or a society.