LAW OF TORT’S

• IAS NEXT, Lucknow
• 18, Jan 2021

Introduction

The word "Tort" is derived from the Latin word “tortum” which means Twisted or Crooked. The term tort is equivalent to the English word “Wrong”. The remedies for tort are lies in the “Civil Law”.

                                  Tort = Civil Wrong

What is Civil Wrong?

Civil wrong committing an injury or violating someone’s Legal Rights.                                                                                                                                                       

Definition:- Tort is a wrongful act other than “Branch of Contract” for which relief may be obtained in the form of damage or an injunction. Tort means a civil wrong which is not exclusively a breach of contract or a breach of trust. In simple words, A tort is a civil wrong for which you get unliquidated damages.

What is Unliquidated Damages?

Unliquidated damages are a type of compensation which awarded as a result of the breach and they are determined through a court proceeding and not predetermined in contracts. Unliquidated damage- The money equivalent to the damage suffered (i.e. damage) as a result of the injury.

• Not predetermined
• To be decided by the court

What is Liquidated Damages?

Liquidated damage is such type of damage whose compensation previously determined or agreed by the parties.

What is an Injunction?

Injunction is an order by court requiring a person to do or not to do a specific action.

Example – Your neighbour wants to build a wall blocking the road you can go to the court seeking an order of injunction.

Some important definition by different author:-

• Salmond define – Tort is a civil wrong for which the remedy is a common-law action for unliquidated damage and which is not exclusively the breach of contract or breach of trust or other merely equitable obligation.
• Fraser define – Tort is an infringement of the right “in run” of a private individual giving a right of compensation at the suit of the injured party.