Essentials of Tort

• To constitute a Tort, it is essential that three

conditions must be satisfied:
1. There must be some act or omission on the
part of defendant.
2. The act or omission should result in legal
damage i.e. violation of a legal right vested in
the plaintiff.
3. There must be legal remedy for it.
Essentials:
4. Act or omission
 Essentials of Tort
I. Act or omission
• A person must have done some act- not expected to
do or he must have omitted to do something- was
supposed to do.
• Either a positive wrongful act or an omission illegally
made.
• When legal duty- act & person fails to perform that
duty- liable for such omission.
• Wrongful Act or omission- recognized by Law.
• Moral/social wrong- no liability.
 Essentials of Tort
II. Legal Damage”
• Plaintiff prove- legal damage caused.
• Proved- there was a wrongful act- an act or
omission- causing breach of a legal duty or
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violation of a legal right vested in Plaintiff.
• No violation of a legal right- no action under
Law of Torts.
• If no loss suffered but legal right infringed-
action lies in law of tort.
 Injuria Sine Damno
Injury without Damages
• Infringement of absolute private right without
any actual loss/damage.
• Person whose right- infringed- good cause of
action.
• Person has absolute right to property/to
immunity of his person/ to his liberty-
infringement of right- actionable per se.
• Meaning- injury to legal right without
monetary loss.
• Actionable- violation of legal right even
 though plaintiff suffers no loss- def liable.
Damnum Sine Injuria
Damages without Injury
• Damages- no infringement of legal right-
vested in Plaintiff.
• Legal right- not infringed- no action lies.
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• General Principle- one exercises his ordinary
rights without infringing other’s legal right- no
action in tort.
• Damages- in any form of any substantial harm
or loss suffered from respect to money/
comfort/ health.
• Implied principle- no remedies for any moral
wrongs until legal right infringed.
Difference Between Damnum Sine
Injuria & Injuria sine Damnum
 Essentials of Tort
III. Legal Remedy
• Wrongful act of Defendant- must come under
category of wrongs- remedy- civil action for
Damages.
• Essential remedy-action for damages.
• Other remedies- injunction- obtained in
addition to damages in certain cases of wrong.
• Development of Maxin- “ubi jus ibi
remedium”- there is no wrong without a
remedy.
• vain to imagine- right without Remedy.