Once I bought a ready to wear from one of the renowned clothing shop which somehow not fits me and I need to return that article and I went back to that shop. It was so defamatory for me when the shopkeeper gets loud to me and said “THIS IS AGAINST OUR POLICY” we are not presume to take it back. At that day I felt that a wrongful act has been committed with me and I don’t have any specific remedy for it. I start digging out is there any respite which I can get but it was so abandoned for me not to get any law which protects me. Then ultimately I found Law of Tort which address pity wrongful acts and provide remedies accordingly. In Pakistani mindset I persuade myself that we are not the believer of ambulance chaser we go for laws only which are categorically declared in laws includes: Pakistan Panel Code, Pakistan Civil Procedure Code etc. etc.
Still my grievances were not taken on board and I again start striving very firm to get appropriate reprieve for the wicked act happened to me. The “law of grievance/Tort” is the law of wrongdoing. The purpose of the civil liability law is to allow an injured person to claim compensation. This concept has been popular since pre-industrialization with the invention of “writings.” Although it has become the “law of responsibility,” it should be remembered that the purpose for which the “commandment” was instituted to enforce the idea of the obligation of one individual to another. The discovery of the concept of negligence is essential here to understand the need for civil liability law. Negligence, an act that does not correspond to what a reasonable person would do to protect another person who has a foreseeable risk of harm, has been criticized in many respects for being ambiguous in its definition. However, the inherent concept remains: this is what we owe as individuals.
By detailed study I was somehow able and start my civil suit under law of torts and get relief in shape of compensation for all the agony I have faced by the misbehaved seller and my monetarist loss. The law of civil liability has many active functions in society, like any other form of law. But it should be emphasized that the law of civil liability is mainly aimed at correcting a civil error. Civil Tort law is based on a system in which no one should have leeway to harm anyone; but, again, the same is true of criminal law. However, there is a distinguishable barrier to how the injured person should be compensated for another wrong action. Justifications between the Tort and the crime are not direct, but a lucid contrast between how it compensates the people, that is, the damages payable to those who have been injured instead of criminal offenses. An individual is punished, in simple terms, the law of civil liability is necessary to remind us that we must take care of ourselves, but also of others, because our actions may affect them directly or indirectly, now or in the future.
An example of this would be the special case between His Royal Highness the Sultan of Brunei Darussalam and his brother, Prince Jefri, which was resolved in 2000. The revision of the civil wrong law here is the fact that, without the existence of the law, this dispute would not have been raised and would not have been resolved. In private, it resulted in positive changes in family relationships and conflicts between real brothers and sisters. Publicly, this left room for the shift towards practical conservatism, the construction of the nation and, most importantly, the improvement of governance. The consequences are best revealed by public discipline. Knowing that a label can happen at any time with the existence of a crime, they are less careless and are more refined in their manifest actions. Although transparency has not yet been achieved in the country itself, they have defended the image of society as a whole before the rest of the world through a widely publicized civil fault, magnified by the civil Tort law.
However, it should always be questioned; Is the civil liability law the best way to achieve these goals? I believe that the civil liability law has its comparative advantages, but it is still imminent that other forms, such as criminal law, in particular the European Convention on Human Rights, although they also have specific purposes for rights, overcome many differences of law in tort.
One of the many disadvantages of the civil liability law is the fact that the courts have the ability to revoke any claim for which they feel that “there is no adequate procedure,” which makes it difficult for an individual’s right to a fair trial. In this sense, the civil Tort law contradicts itself. The concept of negligence is discussed here because, although the government is also considered an individual, it is not qualified as an individual. In addition, the formulation of the general immunity of state officials, while giving the public certainty as to their status, contributes to the obvious question of contradiction; Why are they exempt from this powerful rule?
The civil liability regime is considered to be one of the most appropriate to guarantee recourse affected by defective products, especially in cases where there is no contract relationship between the producer of a product and the consumer of a defective product, the responsibility of the manufacturer vis-à-vis the consumer would be based on damages. caused by defective products. So it’s the need to understand Islamic law of tort in the context of the manufacturer’s liability, since Islamic law is a direct or indirect source of laws in contemporary Muslim states. The basis, the nature and the exceptional characteristics of the Islamic world the law of tort has been explained in detail throughout the Quran.
“If then any one transgresses the prohibition against you, Transgress ye likewise against him.”
Al-Qur?an, Al-Baqarah:194