Assessment of the law of tort
The scope of tort law makes it especially relevant to persons who have suffered harm as a result of an artificial intelligence AI system operated by another person, company or government agent with whom the injured person has no pre-existing legal relationship, e.g. no contract or commercial relationship. India inherited tort law from the English legal system. Apart from some civil laws, there are no written laws that specifically and comprehensively address the law of torts. It is for the Indian courts to apply an English tort principle if justice requires it in a particular situation, in whole or with appropriate modifications, as in the Introduction. The word 'tort' is of French origin and is derived from the Latin word 'tortum' which means to pervert and implies a distorted behavior. The word tort is also similar to the Sanskrit word 'jimha' which means 'crooked'. 'Jimha' was used in ancient Hindu law, meaning a 'deceitful or fraudulent conduct'. A tort is a civil tort. The requirements of the modern tort of negligence were set out by Lord Wright in Lochgelly and Coal Co ltd v McMullan as being: i the existence of a duty of care owed by the defendant to the plaintiff, ii a breach of that duty; iii damage or injury caused by that breach of duty. Each of the aforementioned areas should in principle be investigated.