CHAPTER I

MEANING &DEFINITION OF TORT

INTRODUCTION

The term Tort is of french origin Derived from Latin word 'Tortum'

which means to twist i.e not straight & correct.

A person who commits tort or wrong is called a tort feasor or wrongdoer.

His wrongfull act is called tortious act.

MEANING OF TORT

Tort is a civil wrong.

Encyclopedia of the laws of England states that what we now understand by a tort is a breach of some duty between citizen defines by the general law, which creates a civil cause of action.

DEFINITION OF TORTWinfield Tortious liability arises from the breach of duty primarily fixed by law, this duty is towards the person generally and its breach is redressable by an action for unliquidated damages.Duty primarily fixed by the law.Duty is towards a person generally.Remedy in the form of unliquidated

damages.

Salmond

A tort is a civil wrong for which the remedy is an unliquidated damages and which is not exclusively the breach of a contract or the breach of trust or the breach of the merely equitable obligation.Civil wrong.Tort is other than breach of contract

&Trust.Action for unliquidated damages.

OBJECT OF TORT

To protect the rights of general person.

To afford compensation to the plaintiff.

ESSENTIAL OF TORT

I. Wrongfull actII.Legal damage or injuryIII.Legal remedy

Wrongfull act or Omission Person must have done some act which he

was not expected to do,or, he must have omitted to do something which he was supposed to do.

Example. publishing defamatory statement, wrongfull detaintion of another person,trespass. Environment pollution from industrialist, Corporation fails to maintain cleanliness in city.

Wrongfull act or Omission continues Wrongfull act or omission must be

recognised by the law, if there is moral social or religious wrong, the liability will not occur.

Example. Somebody fails to help starving man, save a drowning child, it is moral wrong. If person enters in the temple or mosque with footwear, it is religious wrong.

Wrongfull act or Omission continues If an act or omission is done under

some lawfull excuseb, it would not amount to breach of legal duty.

Example While following the thief if police officer enters into the premises of other person, it will not be a wrong.

Legal Damage or Injury In Tort the plaintiff has to prove that

there has been a legal damage caused to him.

Damage means the harm or loss suffered or presumed to be suffered by a person as a result of some wrongfull act done by another person.

To constitute tort there must exist ' injuria' which means infringement or violation of legal right.

TWO MAXIMS

Injuria Sine DamnumInjuria- Infringement of legal right Sine- Without or in absence of Damnum- Damage, physical, mental or otherwise.In such a case the suit is maintainable eventhough the plaintiff suffer no damages.

Injuria Sin Damnum ContinuesCase LawsAshby v. White Voting caseBhim Singh v. State of Jammu &Kashmir Marzetti v. Williams wrongfull omission of name from voting list.

Damnum Sine Injuria

Damnum- Damage, physical, mental or otherwiseSine- Without or in absence of Injuria- Infringement or Violation of legal right. Person is not entitled to get compensation for his loss because his legal right is not violated.

Damnum Sine Injuria ContinuesExamples of Damnum Sine InjuriaOpening of fancy shop opposite to others fancy shop. Case lawGloucester Grammer School CaseBradford Corporation v. PicklesDigging of deep well.Chesmore v. Richard

Legal Remedy

This essential is based on the maxim Ubi Jus Ibi Remedium means where there is right there is remedy.Means untill & unless there is remedy there is no use of right.

Distiction betn Tort &CrimeTORT

Infringement of private right.

Civil action is brought by the party himself.

Intention is not important. Tort is private wrong. Wrongdoer has to pay

damages to the injured party

Amount of compensation goes to the injured party.

Lt is Judge made law

CRIME Infringement of public

right. Case is conducted in the

name of state. Intention is important. Crime is public wrong. Wrongdoer is punished by

the state. Amount of fine in criminal

act goes to the govt. Crimes are defined

&codified.

Distiction betn Tort &Crime ----TORT

Nature of punishment is light in the form of awarding damage

CRIME

Nature of punishmentn is heavy and seriousfrom death to fine.

Distinction betn Tort & ContractTORT

Duty is fixed by the law.

Duty towards every person of society.

Tort is committed against or without consent.

Violation of right in rem in tort.

Unliquidated damages

CONTRACT

Duty is fixed by the party.

Duty is towards specific person.

Contract is based on the free consent of parties.

Violation of right in personam.

Liquidated damages.

Distinction betn Tort & ContractTORT It is Judge made law. Person injured is

entitled for such damage which he has not actually suffered.

CONTRACT

It is codified law. In contract the party

is entitled only for actual damages

Assistant Professor,Shri Shivaji Law College, Parbhani

PPT MADE BYWASEEM I. KHAN