Tort

Topics: Tort, Law, Negligence Pages: 4 (1450 words) Published: April 4, 2014
Introduction
There are many situations or acts that are not directly marked as crimes and not arise out of contracts or statutes. Those acts are considered as civil wrongs and cause damages and injuries to individuals or businesses. These damages, injuries or wrongful acts are called tort. Tort is the area of law where in response to a private or civil wrong or injury the courts provide the remedy of allowing a lawsuit for those wrongs, injuries or damages. Thus, the goal of tort is to restore the victim to business or individual’s former condition. So, if a individual or business is injured by an act or situation, the victim can restore his position by the help of tort law.

What is Tort?
The term ‘tort’ is the French equivalent of the English word ‘wrong’ and of the Roman law term ‘delict’. The word tort is derived from the Latin word ‘tortum’ which means twisted or crooked or unlawful which is just the opposite of straight or lawful. Torts are usually offenses committed by a person who attempts or intends to do harm. Torts are the acts that injure someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, which are opposed to criminal ones. According to Salmond and Hueston, “A tort is a civil wrong for which the remedy is a common action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or other mere equitable obligation.” Dr. Winfield has made a critical examination of possible or current definition. He told that tortuous liability arises from the breach of a duty primarily fixed by the law, such duty is towards persons generally and its breach is redressable by an action for unliquidated damages. This branch of law mainly consist various torts i.e. wrongful acts whereby one person is liable for his acts when he violates the legal rights of the other in some of the other way and is supposed to pay damages. The person...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Tort Essay
  • Tort and Safety Culture Essay
  • Relationship between the Law of Tort and Easement Essay
  • Negligence As A Tort Essay
  • Essay on Law of Tort
  • Tort and Contact Cases Essay
  • Tort of Negligence Essay
  • Negligent Tort Essay

Become a StudyMode Member

Sign Up - It's Free