Introduction To Tort

What is Tort ?

In simple word Tort from French means "wrong," a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm.

Tort is the breach of some duty (independent of any contract), which gives rise to a civil cause of action, and for which the Civil Courts award compensation .

Tort is a wrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction. According to Merriam-webster.

According to Salmond it 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 ”

In Indian Limitation Act section 2 defined “tort” as “a civil wrong which is not exclusively the breach of a trust.”

Nature of the Law of Torts

1. Tort is a private wrong that contravenes the legal right of an individual or a group.

2. The person who engages in tort is called “tort-feasor” or “Wrongdoer”.

3. The place of trial for tort is Civil Court.

4. Tort litigation is compoundable which means that the complainant can withdraw the suit filed by him.

5. Tort is a specie of infringement (the act of breaking the terms of a law, agreement, etc.; violation) of a person’s rights or civil wrong.

Salmond maintained that there is no English Law of tort , there is merely an English law of torts . According to this dictum , the law of torts consists a number of specific rules prohibiting certain harmful acts. In other words , according to this school of thought , there is only a law of torts (i.e. specific well-defined wrongs) and no general law of tort . This means there is a list of acts and omission which in circumstances , are actionable in a court of law.

The difference between tort and Crime

A tort is a wrongful act that injures or interferes with another's person or property. A tort case is a civil court proceeding. The accused is the "defendant" and the victim is a "plaintiff." The charges are brought by the plaintiff. If the defendant loses, the defendant has to pay damages to the plaintiff.

A crime is a wrongful act that the state has identified as a crime. A criminal case is a criminal proceeding. The accused is also called a 'defendant". The victim is the person who has been hurt or the state of Georgia or other governmental entity. The charges are brought by the government. If the defendant loses, the defendant must serve a sentence. A fine is paid to the government and there is possible restitution to the victim.

The same act may be both a crime and a tort

" During an argument, Anik slaps Ashik in the face." This event is an example of an act that is both a crime and a tort. Anik may face a criminal action by the state and a civil action by Ashik, the individual who was injured.

Why are two different legal actions against one wrongful act possible?

In effect, criminal law provides a way of punishing people who commit crimes. It acts to protect all citizens from such wrongdoing. Criminal law is not concerned with the individual victim. The law of torts, on the other hand, provides a way to compensate victims of wrongful acts.

In reality, victims of crimes like burglary, rape, and armed robbery rarely sue the wrongdoers, primarily for practical reasons. For instance, if the wrongdoer has no money or property from which to collect, a lawsuit would accomplish nothing.

The difference between tort and breach of Contract

A tort can be defined as civil wrong, for which remedy is an action for damages, and which is not only the breach of contract or other merely equitable obligation or the breach of a trust.

In tort, sometimes, the motive is an essential factor to regulate the liability, for example, Malicious prosecution. A person injured may be allowed for such damages which he has not suffered actually.

In tort Exemplary or malicious damages are awarded and the factors do not affect the action of tort. A tort can be considered as civil wrong which is not completely the breach of contract. On the other hand, tortious liability arises out of a breach of duty is not a breach of contract.

Tort is a violation of legal right whereas Breach of Contract is an infringement of legal rights. Tort is right in rem and the other one is right-in-personem. Damages in Tort are always unliquidated. Damages in Breach of the contract are liquidated damages.

In a tort, every Person has a duty primarily fixed by law towards the community at large. Violation of such duties causes tortious liabilities. It can cause damages to the aggrieved parties.

Either party has some duty towards each other in any Legal contract in breach of contract. Violation of such duties amounts to a breach of contract. Such breach can cause pecuniary loss or financial loss to the aggrieved party.

The law of tort relates to precedents principles which are involved in case laws. Whereas law related to breach of contract is codified law.

A breach of contract is a broken promise to do or provide something. Breach of contract occurs when there is a complaint of a breach of duty arising out of the obligation undertaken by the contract. The duty is towards persons generally in tort. Nature of damages are always compensatory in a breach of contract, a motive is not an essential factor in breach of contract. The default party has to pay pre-settled and actual damages. No compensation is paid in breach of contract in cases of contracts induced by fraud, mistake, misrepresentation, coercion or undue influence.

Introduction To Tort