Notes on Tort Law
Q.1
Define Tort and explain its essential elements. Distinguish Tort from breach of contract and Crime.
Ans. The term “Tort” has been derived from the Latin term “Tortum” which means to twist.It means twisted, crooked, unlawful, or a wrongful act rather than an act which is straight or lawful. Tort may be defined as a “Civil Wrong” which is repressible by an action for unliquidated damages and which is other than a mere breach of contract or breach of trust” Tort is a civil wrong as opposed to a criminal wrong.
The various eminent jurist defined the term tort in a different manner –
1. According to Ratan Lal – “ A tort is a Civil wrong independent of Contract, for which the appropriate remedy is an action for damages.”
2. According to Dr. Winfield‟ = “ Tortious Liability arises from the breach of a duty primarily fixed by the law : this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.
3. According to FRASER – “It is an infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party.
4. 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 a contract or the breach of a trust or other merely equitable obligation.
Essentials of a Tort
On the analysis of the above definitions we find some common elements which are necessary to constitute a tort.
1. Act Or Omission :- In order to make a person liable he must have either done some positive act or made an omission in the performance of his legal duty, for example entering on the land of another without justification, or publishing a defamatory statement are examples of positive acts resulting in the torts of trespass and defamation. Omission to perform a duty, e.g., omission to cover a trench may make a person liable if somebody falls into it and gets injured.
2. Legal damage :- To be
Define Tort and explain its essential elements. Distinguish Tort from breach of contract and Crime.
Ans. The term “Tort” has been derived from the Latin term “Tortum” which means to twist.It means twisted, crooked, unlawful, or a wrongful act rather than an act which is straight or lawful. Tort may be defined as a “Civil Wrong” which is repressible by an action for unliquidated damages and which is other than a mere breach of contract or breach of trust” Tort is a civil wrong as opposed to a criminal wrong.
The various eminent jurist defined the term tort in a different manner –
1. According to Ratan Lal – “ A tort is a Civil wrong independent of Contract, for which the appropriate remedy is an action for damages.”
2. According to Dr. Winfield‟ = “ Tortious Liability arises from the breach of a duty primarily fixed by the law : this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.
3. According to FRASER – “It is an infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party.
4. 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 a contract or the breach of a trust or other merely equitable obligation.
Essentials of a Tort
On the analysis of the above definitions we find some common elements which are necessary to constitute a tort.
1. Act Or Omission :- In order to make a person liable he must have either done some positive act or made an omission in the performance of his legal duty, for example entering on the land of another without justification, or publishing a defamatory statement are examples of positive acts resulting in the torts of trespass and defamation. Omission to perform a duty, e.g., omission to cover a trench may make a person liable if somebody falls into it and gets injured.
2. Legal damage :- To be