FOREIGN TORT

The term "Tort"  is generally recognized as civil wrong for which the remedy is a common-law action for unliquidated damages. 

Foreign tort means a tort that is committed abroad. i.e A tort, the cause of action regarding which has arisen abroad.

eg. A court on the island of Sri Lanka or a court in Pakistan is foreign to an Indian court.

There are some conditions for the action to bring in, that is, the action cannot begin there unless if:

• the whole subject matter of the action is situated in the home country.
• if the person is ordinarily resident there,
• if he has committed the tort there,
• if an injunction is sought against him as to any nuisance within that jurisdiction.

In England

No action will lie in England for any trespass or other tort committed in respect of land situated out of England, even though the wrongdoer is a British subject residing in Britain. The same rule applies to India.

But if the defendant's conduct is justifiable by foreign law, and is tortious according to English law, no action for tort would lie against him in an English court as in case law of Phillps V. Eyer, where, Edward John Eyer, the governor of Jamaica ordered a forceful response, which led to the deaths of numerous Jamaicans.

When he returned to England, several Jamaicans sued him for trespass to the person and false imprisonment.

The court held that Eyer could not be sued for his conduct in Jamaica. It was held because, in order to bring an action, it must satisfy 2 requirements.

• it would be actionable if committed in the local jurisdiction.
• the act must not have been justifiable where it was done.

according to lex loci delicti commissi and actionable by the lex fori.

Thus, no action will be sued against any person outside the local jurisdiction unless if it has not been justifiable outside it.