Introduction and Definition of TORT

INTRODUCTION TO TORT

Before going to discuss tort, we must know what is an act.

An act can be of two types-

1. Wrong :

 Wrong means anything was done which is not supposed to do.

2. Omission:

Omission means not done a thing which is supposed to do.

Wrong can be classified into Civil wrong and Criminal wrong. Tort is a civil wrong that means something is done which is not supposed to do towards the people of a society. Tort e.g. civil wrong consequences payment of compensation or damages. On the other hand criminal wrong e.g. crime or offence consequences to penalty.

DEFINITION:

A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. The word 'TORT' has been derived from the Latin term 'tortum' which means twisted or crooked. It implies conduct that is twisted or crooked. Tort is commonly used to mean a breach of duty amounting to a civil wrong.



Some of the important definitions, which throw light on the nature of tort are as follows,

By 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.”

By Salmond-

“Tort 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.”

By Fraser-

 “Tort is an infringement of a right in rem (right in general)of a private individual giving a right of compensation at the suit of the injured party.”

By Limitations act,1963-

“According to act, tort is a civil wrong which is not exclusively a breach of contract Or beach of trust".

ESSENTIALS OF TORT

1. There must be a wrongful act or omission.

2. The wrongful act must result in legal damage/Injury to another person.

3. It must give rise to a right.

Meaning of act or omission is described above. Now legal damage means violation or infringement of legal right of any person. And the right of a person is that which is given by law. These are the basic essentials of a tort.

TORTIOUS LIABILITY

Tortious liability arises out of a tort when there is a breach of duty. If a tort is committed then tortious liability will automatically arise and make responsible to pay damages which is always uncertain/unliquidated in case of tort.

PARTIES INVOLVED

There are two parties involved in a tort. They are as follows- 1 .Injured party 2. Wrongdoer

The injured party will be referred to as the Plaintiff and the wrongdoer will be referred to as the Defendant. Plaintiff is the party who suffers the harm and file a suit against the defendant/wrongdoer. Whereas the defendant is the party who causes the harm. The suit will be filed to claim compensation or damages.

 

TORTFEASOR

A person who commits a tort is known as a tortfeasor. If two or more people commit any tort together, then they are called as joint tortfeasor. Their wrongdoing is called tortuous act and they are liable to be sued jointly.

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