Law of Torts

Nature of Law of Torts - Meaning, Concept and Definition of  "Tort"

Meaning: Tort is derived from latin term "Tortum" meanings, 'to twist'. In French, tort means 'Wrong' and in Roman, 'Delict'.  Tort is a civil wrong, and it differs from breach of contract. Tort is an infringement of a private common law right in rem. Liability in tort arises from 'breach of a duty', primarily fixed by law which is towards others, in general. The breach of this duty is redressible by an action for unliquidated damages by way of compensation. 

A person, who commits a tort or wrong, is called a 'tort-feasor' or 'wrong-doer', his act is called as 'tortuous act'

WINFIELD, defined Tort in his book 'The Law of Tort' as, "Tortuous liability arises from the breach of a duty primarily fixed by law; this duty is towards persons and its breach in redressible by an action for unliquidated damages". 

• Winfield's definition is most comprehensive and elaborative
• This law fixes certain duties on every person, simultaneously it confers certain rights to every person. These duties and rights are in rem (against a thing, in latin).
• Ex: A person can walks on road, which is his right to use the public road. However, these duties fixed on the public not to cause any harm, injury in any means of accident etc, This duty is applicable entire world. If any person breaches this duty, and hits the person with his vehicle, he shall be held responsible. Every preson has to follow them without exceptions
• Unliquidarted damages: If any person breaches his duty and causes any harm or loss to another person, it means tortuous liabilty has arisen on that person, that is tort-feasor. He is liable to pay compensation to the victim. How much, is the court decides the quantum of the damages and compensation according to the situation. The compensation is not fixed before the tortuos liability arises. 

The damages fixed in the breach of contract and the breach of trust are called as "Liquidated damages".  The damages which can be fixed after the tortuous liability arisen are called as "Unliquidated damages". The concept of awarding unliquidated damages for a tortuous liability is to put the injuried party in the same position, so far as money can do it, as if he had not been injuried i.e., in the position in which he would have been had there been before the tortuous liability arisen. This is equivalent to the "Doctrine of Restitution".

In the book, "The Law of Torts" written by Sir John Salmond, he gave the definition for torts as, "A tort is a civil wrong for which the remedy in a common law action for unliquidated damages and which is not exclusively the breach of contract or the breach of trust or other merly equitable obligation"

• Salmond tried to give more elaborative and comprehensive definition.
• According to Salmond, tort is a Civil Wrong. It is not equivalent to the breach of a contract or the breach of trust or other merely equitable obligation. In common law, it is a civil wrong, covering all civil wrongs in public life. The tortuous liability may arise, when a civil wrong occurs. 
• Unliquidated Damages, the tort feasor or wrong doer does a civil wrong. He is a liable to pay unliquidated damages to the injuried person.