“Tort” as a legal term, derived from the Latin word tortum, belongs to which of the following linguistic origins?

Question

“In India, the government can be held liable for tortious acts of its servants and can be ordered to be paid compensation to the persons suffering as a result of the legal wrong. Article 294(b) of the Constitution declares that the liability of the Union Government or the State Government may arise “out of any contract or otherwise”. The word otherwise implies that the said liability may arise for tortious acts as well. Article 300 enables the institution of appropriate proceedings against the government for enforcing such liability. … Even prior to the commencement of the Constitution, the liability of the Government for tortious acts of its servants or agents were recognised vide Peninsular & Oriental Steam Navigation Co. v. Secy. of State, (1868-69) 5 Bom HCR APP 1. After the commencement of the Constitution, there have been several cases in which the Union of India and State Governments were held liable for tortious acts of their employees, servants and agents. All those cases were not necessarily by invoking the writ jurisdiction of the Supreme Court and the High Courts. Though, the Government is liable for tortious acts of its officers, servants or employees, normally, such liability cannot be enforced by a Writ Court. An aggrieved party has the right to approach the competent court or authority to seek damages or compensation in accordance with the law of the land.
... But if fundamental rights have been violated, and if the court is satisfied that the grievance of the petitioner is well founded, it may grant the relief by enforcing a person’s fundamental right. Such relief may be in the form of monetary compensation/damages”.
[Extracted from: Kaushal Kishore v. State of Uttar Pradesh, Writ Petition (Criminal) No. 113 of 2016, decided on January 3, 2023.]

Answer 1

Step 1: Trace the etymological roots of the word.
The concept of a civil wrong derives from the Latin word "tortum" meaning "twisted" or "crooked," referring to something unjust; this Latin root gave rise to the broader idea of a wrong.
Step 2: Identify how the term entered the English legal system.
After the Norman Conquest of England in 1066, Norman-French became the language of English courts for several centuries; most legal terminology entered English law during this period as French legal terms.
Step 3: Determine the direct linguistic origin.
While the ultimate etymological root is Latin, the specific word "tort" as a legal term came directly from Old French (Norman-French); legal terminology is classified by the language from which it directly entered the legal system - which is French.
\[ \boxed{\text{French}} \]

“Tort” as a legal term, derived from the Latin word tortum, belongs to which of the following linguistic origins?

Show Hint

The Correct Option is A

Solution and Explanation

Top Questions on Law of Torts

Questions Asked in PU LLB exam