Law of torts in India is a new common law development supplemented by codifying statutes that govern damages. While India follows the United Kingdom approach, some differences can indicate broad interpretations, hence creating controversy.
‘BURDICK’ helps in defining the term as “an act or omission which unlawfully violates a person’s right created by law and for which the appropriate remedy is a common law action for damages to the injured person”.
If you are a beginner, you might be searching for a book that helps you in a better understanding of tort law.
Following is a list of books that you can refer to for enhancing your knowledge of tort law:
- Law of Torts by R.K. Bangia: It is one of the best books for Law of Torts. It contains the very basics about all topics of torts. For ages, people have not had have enough knowledge about tort law. With the explanation of basic concepts in this book, this has started to change. Basic ingredients of all topics of torts are covered in this, including Trespass, Nuisance, and Negligence. I would especially suggest this book for those who want a basic idea about torts and their ingredients.
- The Law of Torts by Ratanlal and Dhirajlal: Tort law is that branch of law where updates occur regularly. So before choosing the author, choose the most recent edition of any book. And the best book for Law of Torts among the Indian authors is ‘The Law of Torts’ by ‘Ratanlal and Dhirajlal’. This book is strongly recommended for all aspiring lawyers.
- Bare act: Above all this, I recommend bare acts for studying any law. As a beginner, it might be difficult for you to read the Bare Act but practise it because it’s gonna help you throughout your career. People say the publisher of a bare act does not matter as it is the copy of the act passed by the parliament; it is nothing like that. The additional information/notes/ comments/ case laws after every section are necessary, so I’d recommend ‘Universals’. The Bare Act is a dictionary of any section of a selected act. It is the precise text of a selected enactment as guided by the legislature. There’ll be no case laws or other explanations to the sections, but what the parliament or the state legislature has made. It is a short, concise and to the purpose version of a selected section of an act. If you’re a student, I’d strongly urge you to create a habit to have a bare act with you while studying. You can download any reliable bare act app on the phone as well, which can be very convenient for you. It’s always a decent practice to read the Bare Act first, then case law and commentaries whenever you’re studying any legal topic.
In today’s era, it’s both vital and convenient to have a bare act app on your phone too. There are a lot of apps out there. However, the one I prefer using is ‘Latest Laws’. Since a lot of amendments are made on a daily basis, this app updates the bare acts as well. For example, in Section 377 of the IPC, the app specifies if the act or its part has been held invalid by the Supreme Court along with the case name. (not a promotion, lol)