Tort means a breach of some duty independent of contract giving rise to a civil cause of actionand for which compensation is recoverable. The person committing a tort or wrong is called atort feasor or wrong doer, and his misdoing is a tortious act. The principal aim of the law of tortsis compensation of victims or their dependants.
EEN A CRIME AND A TORT
Tort is an infringement or privation of the private or civil rights belonging to individualswhereas a crime is a breach of public rights and duties which affect the wholecommunity.
In tort, the wrongdoer has to compensate the injured party whereas, in crime he is punished by the State in the interests of the society.
In tort, the action is brought by the injured party but in crime, the proceedings areconducted in the name of the State and the guilty person is punished by the State.
CONSTITUENTS OF TORT
The law of torts is fashioned as ³an instrument for making people adhere to standards of reasonable behavior and respect the rights and interests of one another´.
By ³ interest´ here ismeant ³a claim, want or desire of a human being or group of human beings which the human being or the group of human being seeks to satisfy.´ It is however, obvious that every want or desire of a person cannot be protected nor can a person claim that whenever he suffers loss he
G.Williams, The aims of the Law of Torts, (1951) 4 Current Legal Problems, 137.
SETALVAD, Common Law in India