Law of Torts:

 Tort comes from “tortum” meaning “twist

 Twisted conduct of a wrongdoer is called defendant
 Causes legal injury to the plaintiff
 Winfield – “Tortious liability arises from the breach of duty fixed by law.
This duty is towards person generally and its breach is redressible by an
action for unliquidated damages”

 “Unliquidated damages”: refers to the damages decided by the court to

be paid to the plaintiff

 Salmond – defines tort as a civil wrong for which the remedy is an action
for damages and which is not exclusively a breach of trust or breach of
contract or breach of merely other equitable obligations

 “Torts are civil wrong but not all civil wrong are torts”:
1. Duty is fixed by the law. Law provides legal rights and duties.
One man’s right is another man’s duties.
Such duties are imposed by law.
Violation of any duty leads to tortious liability.

2. Legal duty is general. Like: not to slander, not to libel, etc is a duty of a
person generally.

3. Liquidated damages: pre-estimated damages fixed by parties in contract.

For example: in case of breach of the contract the party breaking the
contract will have to pay Rs 2000000 to the aggrieved party

Unliquidated damages: Courts in their discretion awards compensation

taking into various factors
 TORT Breach of contract

In tort there is an infliction of an injury Consent is a basic of all the

Without the consent of the plaintiff. Contract if there is no consent
Consent negatives liability under “ it means there is no contract.
Volenti non fit injuria “subject to certain
Exceptions. “

There is no privity between parties There is privity between parties

(Privity : it means a relation between parties that is recognized by law such as
blood, lease, service)

In law of torts there is violation of specific In case of Contract, the breach is

Right of rem due to violation of right to personam
Tort is distinct from Quasi contracts
Quasi contracts - In quasi contracts the plaintiff must justify the defendant is
unjustly enriched if he/she receives good/ services without any payment.
Eg: “X” delivered “Y” some biscuits ordered by “Z”. Hereby, “Y” consumes
those biscuits even though he knew he didn’t order. Thus, he is unjustly
enriched and therefore have to pay the price to “Z” if she takes it on court.

In tort, a person holds legal duty towards another person whereas in Quasi
contracts a person doesn’t hold any legal duty

In tort, breach of duty os redressible through damages but there is no such

liability in quasi contracts