RAJIV GANDHI NATIONAL UNIVERSITY OF LAW,

PATIALA

TOPIC: TORT IS A CIVIL WRONG BUT ALL CIVIL WRONGS ARE

NOT TORT

PRESENTED TO: PRESENTED BY:

Dr. JASWINDER KAUR VINAY SHAKYAWAR
ASSISSTANT PROFESSOR OF LAW ROLL NO.: 19017
RGNUL GROUP: 4
INTRODUCTION

What is tort?
 Tort is a civil wrong committed by one individual against another.
 According to Salmond: “It is a civil wrong for which the remedy is a common law
action for unliquidated damages and which is not exclusively the breach of
contract or the breach of trust or other merely equitable obligation.”
 According to Winfield: “Tortuous liability arises from the breach of a duty
primarily fixed by law; this duty is towards persons generally and its breach is
redressible by an action for unliquidated damages.”
 Each tort is divided into something called “elements”. These elements are- Act or
omission; and Legal injury to the plaintiff . The plaintiff must prove in a tort by applying a
fact from his or her situation to the element.
 All types of torts are civil injury.
For examples: Assault, Battery, False Imprisonment, Trespass to property, Conversion, etc.
What is civil injury?

 Civil injury means any physical harm or damage done to a

person or property by breach of contract, breach of duty,
negligence, or by a criminal offense.
 Generally a civil injury can be redressed through a civil action.
 Civil injury mainly contains: Breach of contract
Breach of Duty
Breach of Trust

 There are many differences between tort and above 3 points.

Comparison between Tort and Criminal law

 A tort is an infringement of a civil or a personal right of the plaintiff while crime is an

infringement of a public duty which influences society at large.
 In case of tort, the plaintiff is awarded damages for the wrongs caused to him by
the defendant. But in crime, the offender is punished in the interest of society.
 In tort, barring a exceptions, the motive of the defendant is generally not relevant,
whereas in case of crime mens rea i.e., motive of the accused is essential.
 A tort is a mere breach of duty for which damages may be recovered from the
defendant, but crime is an unlawful act prohibited by law for which only remedy is
to punish the offender.
 In tort, plaintiff himself can institute civil proceedings against the defendant but in
case of the offender is to be punished by the criminal court.
Difference between tort and breach of
contract
 A tort involves a right in rem whereas in case of breach of contract a right in personum is violated.
This means the duty in contract exists only as between the parties who enter into the contract and
cannot be enforced by or against a third party. But duty in torts exists towards all persons generally.
 In torts, duty is imposed by law whereas, in case of a contract, duty is imposed by parties
consenting to it.
 In an action for tort, damages are always unliquidated because it is difficult to visualize the
quantum of damages (loss) caused to the plaintiff. As against this, in the contract, the damages
are pre-determined and stipulated in the terms of the contract itself.
 In case of breach of contract, the aggrieved party can claim damages for loss arising from special
circumstances relating to him only, provided the party liable for committing breach had prior
notice of such circumstances, but not otherwise. There is no such limitation in the case of tort.
 In tort, the principle of vicarious liability is applicable and the master may be held liable for the
wrongful acts of his servant in certain circumstances. The principle also extends in case of
principal-agent or parent and ward relationship. It has no application in case of breach of
contract.
Difference between tort and breach of
trust
 The distinction between tort and breach of trust may briefly be stated as
follows:
 If a trustee commits a breach of trust, the beneficiary may sue the trustee
for damages. But the quantum of damages being pre-determined, the
beneficiary cannot recover more than the specified amount. As against
this, damages are always unliquidated in tort.
 The concept of trust has originated from the English Chancery Court
whereas the source of origin of tort in English common law.
 Misappropriation of trust property generally does not give rise to cause of
damages in law of tort because the courts consider such violation of duty
as most undesirable and treat it as a criminal act punishable under Section
406 of the Indian Penal Code. The definition of breach of trust is contained
in Section 405 of IPC.
Case Laws

 Bhim Singh v. State of J & K

 Donoghue v Stevenson
 State Bank of India v. Shyama Devi
General Defences
There are 8 general defences to liability in torts which the defendant may plead in defence of
his act which has caused damages to the plaintiff, Normally, when a plaintiff brings an action
against the defendant and the defendant is held liable for the same. But there are some general
defences available to the defendant which may absolve him from liability.
 Private defence i.e., defence of person or property;

 Necessity;
 Inevitable accident;
 Vis Major i.e., act of God;

 Mistake;
 Statutory Authority;
 Volenti non fit injuria i.e., defence of ‘consent’;

 De minimis non curat lex i.e., the law does not take account of trifles
Conclusion

The statement that suggests “ Tort is a civil wrong but all civil wrongs
are not tort” could confuse a lot of people and many might also
choose to differ. Tort and civil injury are similar in a lot of ways. So both
can coexist under the law, but it should be clearly stated whether an
agreement or contract exists anywhere amongst the parties.
Thus, we can say “Tort is a civil wrong, but all civil wrongs are not tort.”