LAW OF TORTS

Q. What is the meaning of the word “Tort”?

The Tort is of French origin. The root is ‘Tortum’ in Latin which

means ‘twist’. It implies a conduct which is ‘tortious’ , or, twisted..

The equivalent word in English is “Wrong”.

B. DEFINITION OF TORT:

SALMOND’s De nition:

• Tort is a civil wrong

• for which the remedy is a common law action for unliquidated damages, and

• which is NOT exclusively the breach of a contract, or, the breach of a trust,
or, other merely equitable obligation.
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 CIVIL WRONGS

Breach of
TORTS
contract

Breach of
Trust
WINFIELD’s De nition:

‘TortIous liability’ arises from the breach of duty primarily xed by

law. This duty is towards persons generally and its breach is

redressible by an action for unliquidated damages.

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Limitation Act 1963

Sec 2 (m) of the Limitation Act 1963 de nes “Tort means a civil

wrong which is not exclusively a breach of contract or trust.” This

is quite similar to Salmond’s de nition.

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PROBLEMS OF THE DEFINITIONS -

Discuss and make notes as you see

Q. Is it the law of Tort or The Law of Torts?

Or more speci cally

A. Is it the law of Torts, i.e., every wrongful act for which there is no

justi cation or excuse is treated as a tort?(WINFIELD)

B. Is it the law of Torts, meaning only speci c wrongs which the law

recognises and beyond which the liability cannot arise? (SALMOND)

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Essentials of a Tort -

1. There must be some act or omission on the part of the Defendant

2. The act or omission must result in a legal damage(injuria), i.e.,

violation of legal rights vested in the plainti .

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1. There must be some act or omission on the part of the Defendant -

In order to make a person liable under this,

He must have done something which he was not expected to do or

He must have omitted something which he was expected to do.

2. The act or omission must result in a legal damage(injuria)

When there is a violation of legal rights vested in the plainti , he can

approach the court of law. Now, this violation may or may not result

in any damage. It does not even matter to the courts if there is

damage or not(except for the calculation of damages).

It means that whether you su er damage or not, you can still go to

the courts if there is a violation of legal right.

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