The Common Law in India - College of Social Sciences and ...

108 The Common Law in Indiarefer to English decisions under that Act for theinterpretation of these newly introduced sections. 2The Act has not been applied to some parts ofIndia like the Punjab. In these areas the provisionsof the Act as to matters of principle are followed asrules of justice, equity and good conscience.TORTSAn important branch of law which has remaineduncodified in India is the law relating to civil wrongs.Some of the most important rights of a personwhich the law protects from injury are rights to thesecurity of his person, his domestic relations and hisproperty and reputation. The liability for a tort mayarise from intentional wrongdoing, negligence or outof an absolute liability imposed without any defaulton the part of the person held liable. It may be avicarious liability as that of a master for his servant'stort; or a breach of duty under a statute, for example,the duty of an employer under the Factories Act." The law on the one hand allows certain harms tobe inflicted irrespective of the moral condition of himwho inflicts them. At the other extreme, it may ongrounds of policy throw the absolute risk of certaintransactions on the person engaged in them, irrespectiveof blameworthiness in any sense. Most liabilitiesin tort lie between these two extremes." 3 In the lawor tort parties are brought into relation not by mutualagreement but under a general obligation emanating2 Mulla, Transfer of Property Act, 4th ed., p. 2.3 Holmes, Common Law, p. 145.