Tort Law

Tort law is a fundamental area of civil law that addresses and provides remedies for civil wrongs not arising from contractual obligations. It encompasses various claims where an individual's actions cause harm or loss to another person, prompting legal liability. Tort law aims to restore the injured party to the position they were in before the tort occurred by awarding damages. Key categories within tort law include intentional torts, such as assault and defamation; negligence, where harm is caused by a failure to exercise reasonable care; and strict liability, which holds individuals or entities responsible for certain actions regardless of intent or negligence. Here are a few legal provisions concerning citizenship in Nepal:

  1. Tort Committed: No person shall cause loss or damage to another's body, life, property, or legally protected right through any act or omission, whether by negligence, recklessness, or default, by themselves or anyone they are responsible for. Without a prior contractual relationship, such loss or damage is deemed a tort. "Omission" means failing to perform an act one is bound to do. A person committing a tort is liable, with liability proportionate to culpability if determinable; otherwise, all responsible parties share equal liability.
  2. Parents' & Curator’s Liability: Parents or guardians living with a minor below fourteen years or exercising paternal authority over them are liable for torts committed by the minor. Guardians or curators of persons of unsound mind are responsible and liable for any loss or damage caused by such individuals.
  3. Employer's Liability: Employers are liable for loss or damage caused by their domestic helpers, workers, or employees while performing their duties in good faith. Workers or employees, however, are personally liable for acts done negligently or dishonestly.
  4. Animal Owner's Liability: Owners are liable for any loss or damage caused by their animals. Owners are not liable if the animal was appropriately controlled and the loss or damage was caused by the victim's act, default, or negligence. “Animal" includes domestic animals, wildlife, and avians under one's control.
  5. House-Owner's Liability: House-owners are liable for loss or damage caused by the collapse of their house, either during or after its construction.
  6. Property Owner's Liability: Property owners are liable for loss or damage resulting from explosions due to failure in adopting safety measures, fires or explosions due to inadequate safety measures for inflammable or explosive substances, emission of excessive smoke or noise from industrial enterprises, fallen trees on public ways not caused by disasters or third parties, and discharge of infected or toxic substances without precautionary measures.
  7. House-Head's Liability: House-heads are liable for loss or damage caused by solid waste or goods thrown from their house. “House" includes any structure, and "house-head" refers to the chief of the family or tenant family.
  8. Liability for Trespass: Trespassers are liable for any loss or damage caused by their unlawful entry or interference with another's property. “Trespass" includes unauthorized entry, possession, damage, or interference with both immovable and movable property.
  9. Compensation: Tortfeasors must pay compensation for the tort committed. Compensation is reduced if the injured person's negligence contributed to the damage. Compensation is limited to actual loss or damage, excluding remote or unactual compensation. Compensation can be in cash, kind, or service. Victims can claim compensation, and the court may order reasonable compensation.

The National Civil Code Act 2074 (2017)

Section 672

Tort deemed to be committed

Section 673

Parents to bear liability

Section 674

Guardian or Curator to bear liability

Section 675

Employer to bear liability

Section 676

Animal-owner to bear liability

Section 677

House-owner to bear liability

Section 678

Property-owner to bear liability

Section 679

House-head to bear liability

Section 680

Liability for Trespass

Section 682

Compensation to be paid