Law of Tort: Definition, Examples, Essentials, Nature

Law of Tort: Definition, Examples, Essentials, Nature

The Term  Tort has been gotten from the latin word "tortum" and that means to twist or which isn't straight. therefore tort means unlawful act or every wrongful act will be considered as "Tort"

Law of Tort: Definition, Examples, Essentials, Nature

Definition of Tort?

Tort is a civil wrong for which you can get unliquidated damages. Tort can also be defines as every unlawful act or every wrongful act.

As per Area 2(m) of impediment act 1963

Tort means a civil wrong which is not exclusivily a breach of contract or breach of trust.

According to salmond 


"It is a civil wrong for which th remedy is a common law action for unliquidated damage and which is not exclusivily the breach of contract or brach of trust"

According to winfield 


"Tortious liability arises from the breach of duty primarly fixed by law. This duty is toward person generally and its breach is redressibl by an action for unliquidated damages


Examples of Tort


1. Tort of Negligence :-Carelessness is the oversight to accomplish something which is sensible man directed upon these contemplations which customarily control human undertakings, would do, or accomplishing something which a judicious or sensible man wouldn't do.

In simple way tort of negligence occurs when one person's careless or negligent actions cause injury or harm to another person

2. Tort of Defamation :-  Defamation means to injure the reportation of other person.

3. Tort of Desspose :- Entrying into another property without permission.

4. Tort of Assault :- when the person has reasonable amphrehension that the other person is going to commit a battery against him, then it is called assault.


Note :- there are many more examples of torts . which are briefly explained in separate articles.

Essential of Tort

1:- There must be some illegal act or omission on the part of defendent.
2:- There must be legal damage to plaintiff because of such act or omission.


Nature of Tort

1:- Tort is a civil wrong not a criminal wrong.
2:- Unliqidated damages are given in tort.
3:- Tort is a uncodified law.
4:- Tort is other than mere breach of contract and breach of trust.


Important Question for more clearing  "Nature of tort".

1:- Difference between tort and crime?

TORT

CRIME

Civil wrong.

Criminal wrong

Less serious in nature.

More serious in nature.

Wrong against private individual.

Against large public or state

Compensation.                               

Punishment

2:-Difference between tort and breach of contract?

TORT    

BREACH OF CONTRACT

unliquidated damages  means court decide the damages or compensation.

Liquidated damages means people decide compensation or damages.






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