Meaning nature and definition of tort
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Meaning nature and definition of tort
What is a Tort ?
Introduction
The word tort has been derived from the Latin term ‘Tortum’ which means ‘to twist’.Thus, ”tort” means ”a conduct which is not straight or lawful, but on the other hand , twisted, crooked or unlawful”. It is equivalent to the English term wrong.
It consists of the various ‘torts’ or wrongful acts whereby the wrongdoer violates some legal rights vested on the other person.
It is a breach of duty which amounts to civil wrong. The law imposes a duty to respect the legal rights vested in the members of the society and a person making a breach of that duty is said to be doing the wrongful act.
Section 2(m) of the Limitation Act, 1963 says “Tort means a civil wrong which is not just exclusively a breach of contract or breach of trust.
Definition by various Jurists
According to Sir John Salmond: “It is a civil wrong for which the remedy is common law action for unliquidated damages and which is not exclusively the breach of a contract or a breach of trust or other by merely equitable obligation.”
According to Sir Winfield: “Tortious liability arises from the breach of duty primarily fixed by the law : this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.”
According to Sir Fraser: “It is an infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party”.
Nature and objective of tort
I) Tort is a civil wrong.
II) Tort is other than a mere breach of contract or a breach of trust.
III) This wrong is redressible by an action for unliquidated damages.
Let us discuss the above nature in detail.
I) Tort is a civil wrong:Tort belongs to a category of civil wrongs. The basic nature of a civil wrong is different from a criminal wrong. In the case of a civil wrong, the injured party, I.e., the plaintiff, institutes civil proceedings against the wrongdoer I.e., the defendant. In such a case, the main remedy is damages.
The plaintiff is compensated by the defendant for the injury caused to him by the defendant. In the case criminal wrong, on the other hand, the criminal proceedings against the accused are brought by the state.
ii) Tort is other than a mere breach of contract or breach of trust : Tort is that civil wrong which is not exclusively any other kind of civil wrong. If we find that the only wrong is a mere breach of contract or breach of trust, then obviously it would not be considered to be a tort.
Thus, if a person agrees to purchase a a radio set and thereafter does not fulfill his obligation, the wrong will be a mere breach of contract. For example, if A delivers his horse to B for safe custody for a week and B allows the horse to die of Starvation, B’s act amounts to two wrong– breach of contract of bailment and commisison of tort of negligence.
iii) Tort is redressible by an action for unliquidated damages:
Damages is the most important remedy for a tort. After the wrong has been committed generally it is the money compensation which may satisfy the injured party. After the commission of the wrong it is generally not possible to undo the harm which has already been caused.
If for example the reputation of a person has been injured, the original position cannot be restored back the only thing which can be done in such a case is to see what is the money equivalent to the harm by way of defamation and the sum so arrived at is asked to be paid by the defendant to the plaintiff.
Difference between tort and crime, tort and breach of contract and tort and breach of trust. :
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