Important Legal Terminologies: Hey there! We’ve put together a handy list of key terms you might come across in your law entrance exams, such as CLAT, AILET, SLAT, and others. These are important in the Law of Torts. Don’t worry; we’ve made it easy for you to understand.
1. Tort:
The term “tort” comes from the Latin word ‘tortum’, meaning ‘to twist’ or actions that are not straight or lawful.
In simple terms, it can be understood as a legal term for ‘wrongdoing’.
2. Causa Causans:
The immediate and effective cause that directly leads to an event.
3. Causa Sine Qua Non:
A necessary cause without which an event would not have occurred.
4. Volenti Non Fit Injuria:
No injury occurs when one consents willingly.
5. Damnum Sine Injuria:
Damage without a wrongful act; harm without legal remedy.
6. Injuria Sine Damno:
Injury without actual damage, allowing legal action for the invasion of a right.
7. Ex Turpi Causa Non Oritur Actio:
No action arises from a wrongful consideration.
8. Plaintiff and Defendant:
In tort law, the aggrieved party is the plaintiff, filing a suit, while the accused is the defendant.
9. Tortfeasor:
The person committing a civil wrong is called a tort-feasor.
10. Malice: –
A state of mind prompting intentional wrongful acts without justification.
Types: Malice can be ‘in fact’ (actual malicious intention) or ‘in law’ (recklessness to legal rights).
11. Motive:
The driving force that incites action or prompts a person to form an intention.
12. Intention:
A settled direction of the mind towards a planned or foreseen act.
13. Injury:
Any harm done to a person’s person, rights, reputation, or property.
14. Types of Wrong:
Public wrongs are crimes tried in criminal courts, while private wrongs, like torts, are tried in civil courts.
15. Hurt:
Causing bodily pain, disease, or infirmity to a person.
16. Malfeasance:
Wrongful acts without legal right, including actions prohibited by law.
17. Misfeasance:
Unlawful use of power, wrongful performance of a legal act, or injurious exercise of lawful authority.
18. Nonfeasance:
Failure to perform a required duty, omitting to do an act prescribed by law.
19. Distinction between ‘Misfeasance’, ‘Nonfeasance’, and ‘Malfeasance’:
Misfeasance is improper doing, nonfeasance is omission, and malfeasance is doing what should not be done at all.
Read Also: Remedies to Law of Torts: Judicial and Extra-Judicial Remedies
