DEFINITION OF TORT:
The word “Tort” has been derived from the latin word ‘‘Tortum” which means ”to twist”. It connotes any wrongful act or injury which is redressible by an action for damage at the instance of the person wronged or injured. It is similar to the Sanskrit word ‘Jimha‘ , which was under ancient Hindu law used in the sense of tortious or fradulent conduct.
In other words, Law of Torts may precisely be defined as that body of Law which deals with the liability of persons against whom ‘an action in tort’ would lie.
According to Dr. Winfield ”tortious liability” i.e., lioability in torts arises from the breach of duty primarily fixed by law, such duty is towards persons generally and its breach is redressible by an action for unliquidated damages.
Salmond says tort is a civil wrong which is redressible by an action for unliquidated damages, and which is other than a mere breach of contract or breach of trust.
CHRACTERISTICS OF A TORT
- It is a civil wrong in legal right of a person is violated or there is a breach of duty towards him.
- It is different from a breach of contract or a breach of trust.
- It is redressible by a civil action for damages, and such damages are unliquidated.
- In an action for tort, it is not necessary that the plaintiff must have suffered any pecuniary damages due to wrongful act of the defendant. Mere violation of any legal right of the plaintiff would render the defendant liable to pay for damages.
DISTINCTION BETWEEN TORT AND CRIME
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TORT 1. It is a violation of civil or a personal right. |
CRIME It is a violation of public duty which affects the society as a whole. The offender is punished in the interest of society. The criminal proceedings against the offender is instituted by the Court and he is punished in the interest of the society. In crime motive ‘mens rea’ plays an immense role for turning the liability of the offender. Crime is an unlawful act prohibited by law for which the only remedy is to punish the offender. |
DISTINCTION BETWEEN TORT AND BREACH OF CONTRACT
| TORT 1. A tort involves violation of a right in rem, which means duty in torts exists towards torts all persons generally. 2. Duty is imposed by law. 3. The action in Tort damages are unliquidated because it is difficult to visualise in advance the quantum or degree of damage caused to the plaintiff. |
BREACH OF CONTRACT A breach of contract involves violation of a right is personum, which 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. Duty is imposed by parties consenting to the contract. In contract the damages are pre-determined and stipulated in the terms of the contract itself. |
DISTINCTION BETWEEN TORT AND BREACH OF TRUST
| TORT 1. Tort originated from English Common law. 2. It is not a codified law. 3. The plaintiff and the defendant may or may not know each other previous to the incidence of tortious liability. 4. The legal remedy for a tortious liability is unliquidated damages. |
BREACH OF TRUST Breach of Trust and other obligations fell exclusively within the jurisdiction of equity. It is a codified law. The plaintiff and the defendant know each other from the beginning. In fact the law of the trust is depended upon the trust on each other. Injunctions, specific restitution of property, and the payment of liquidated sums of money by way of penalty, etc. are legal remedies available to the plaintiff. Besides them, the defendant is also liable for fine or imprisonment or both under” the criminal proceedings. |
This article has been contributed by Margdwitee, First Year, Symbiosis Law School, Hyderabad