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Wednesday, May 15, 2013

Law of Tort- Definition of 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 wrong and is in contrast to the word rectum which means straight. Everyone is expected to behave in a straightforward manner and when one deviates from this straight path into crooked ways he has committed a tort. Hence tort is a conduct which is twisted or crooked and not straight. As a technical term of English law, tort has acquired a special meaning as a species of civil injury or wrong. It was introduced into the English law by the Norman jurists.
Tort now means a breach of some duty independent of contract giving rise to a civil cause of action and for which compensation is recoverable. In spite of various attempts an entirely satisfactory definition of tort still awaits its master. In general terms, a tort may be defined as a civil wrong independent of contract for which the appropriate remedy is an action for un-liquidated damages. Some other definitions for tort are given below:
  1. According to Winfield and Jolowicz- Tortuous liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is repressible by an action for un-liquidated damages.
  2. According to Salmond and Hueston- A tort is a civil wrong for which the remedy is a common action for un-liquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or other mere equitable obligation.
  3.  According to Freser- Tort is such type of wrong, which infringes the personal right.
  4. According to Under Hill- Tort will arise by the breach of duty and the remedy of tort is damages.
  5. Sir Frederick Pollock- Every tort is an act or omission (not being merely the breach of a duty arising out of a personal relation, or undertaken by contract) which is related in one of the following ways to harm (including reference with an absolute right, whether there be measurable actual damage or not), suffered by a determinate person:-

a)      It may be an act which, without lawful justification or excuse, is intended by the agent to cause harm, and does cause the harm complained of.

b)      It may be an act in itself contrary to law, or an omission of specific legal duty, which causes harm not intended by the person so acting or omitting.

c)      It may be an act violation the absolute right (especially rights of possession or property), and treated as wrongful without regard to the actor’s intention or knowledge. This, as we have seen is an artificial extension of the general conceptions which are common to English and Roman law.

d)     It may be an act or omission causing harm which the person so acting or omitting to act did not intend to cause, but might and should with due diligence have foreseen and prevented.

e)      It may, in special cases, consist merely in not avoiding or preventing harm which the party was bound absolutely or within limits, to avoid or prevent.

Law Study HelpTort is a civil wrong arise by the wrong done or breach of duty and remedy of tort are given un-liquidated damages or compensation.

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