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Faculty of Juridical Sciences COURSE: LL.B. I ST Semester Subject: Law of Torts Subject Code: Llb102

This document provides an overview of the nature, meaning, and definition of tort law based on a lecture from a Law of Torts course. It begins by discussing the etymology and origins of the word "tort" in Latin and other languages. It then defines tort as a civil wrong or breach of duty by one person towards another. Several legal experts provide definitions that emphasize tort involves a breach of duty that gives rise to unliquidated damages. The document contrasts torts from other civil wrongs like breaches of contract and trust. It concludes that the basic idea conveyed by the definitions is that a tort is a civil wrong independent of contract that involves the violation of a legal right and causes damages.

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60 views4 pages

Faculty of Juridical Sciences COURSE: LL.B. I ST Semester Subject: Law of Torts Subject Code: Llb102

This document provides an overview of the nature, meaning, and definition of tort law based on a lecture from a Law of Torts course. It begins by discussing the etymology and origins of the word "tort" in Latin and other languages. It then defines tort as a civil wrong or breach of duty by one person towards another. Several legal experts provide definitions that emphasize tort involves a breach of duty that gives rise to unliquidated damages. The document contrasts torts from other civil wrongs like breaches of contract and trust. It concludes that the basic idea conveyed by the definitions is that a tort is a civil wrong independent of contract that involves the violation of a legal right and causes damages.

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Abhish
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FACULTY OF JURIDICAL SCIENCES

COURSE: LL.B. I st Semester


SUBJECT: LAW OF TORTS
SUBJECT CODE: LLB102
Name of Faculty: Ms. NEHA KHANNA
LECTURE 3

TOPIC: NATURE, MEANING AND DEFINITION OF TORT

Nature, Meaning and Definition of Tort


Tort is a French word. The term “Tort” has been defined from the Latin term “tortum”
literally it means “to twist”. Thus, something which is twisted to get unlawful or a
wrongful act rather than an act which is lawful on straight. The Roman equivalent of tort
is “delict” which means “crooked”. Sanskrit equivalent is “Jimha”. Jimha is those
branches of law were the King compensate the victim. According to English ‘tort’ literally
means ‘wrong’. A wrong denotes that anything which is not right. There are two types of
wrong i.e. civil wrong and criminal wrong. There are two types of right i.e. right in rem
and right in personam. Right in rem are those rights which available to an individual
against the entire world. Right in personam are those rights which are available to an
individual against the particular individual. Law of Tort is a branch of Common Law of
england which is based on judicial decisions.
Definition of Tort
A tort is a violation of a right of a person/ breach of duty by one person towards another.
Some of the important definitions, which indicate the nature of ‘tort’, are as under:
Winfield: Tortuous liability arises from the breach of a duty primarily fixed by law. This
duty is towards persons generally and its breach is repressible by an action for
liquidated damages.
Salmond: Tort means 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 obligations.
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.
Lord Denning: The province of tort is to allocate responsibility for injurious conduct.
Section 2 (m) of the Limitation Act, 1963: Tort is a civil wrong which is not exclusively
a breach of contract or breach of trust.
The basic idea which is indicated by these definitions is-firstly, tort is a civil wrong, and
secondly, every civil wrong is not a tort. There are other civil wrongs also i.e. a breach
of contract and breach of trust. Thus, tort is a civil wrong independent to contract.

Exercise:

1. Which of the following are the essentials of a tort?


a) There must be a wrongful act or omission on the part of a person.
b) That wrongful act or omission must result in legal damage to another.
c) The wrongful act or omission must be of such a nature as to give rise to legal
remedy.
d) All of the above
2. Liablity in tort depends upon
a) Quantum of damages suffered.
b) Involvement of intention.
c) Infringement of legal right.
d) Effect on public interest.
3. Consider the following elements:
1) Infringement of a legal right.
2) Legal damages
3) Any damage.
4) Existence of a legal right.
Right to claim damages in tort would arise only if
a) 1 and 2 are present.
b) 1,2 and 4 are present.
c) 1,3 and 4 are present.
d) 3 and 4 are present.
4. Consider the following set of legal propositions:
1) A person can claim damages for wrongs he has suffered.
2) A person can claim damages for wrongs only if they are caused intentionally.
3) A person can claim damages for wrongs if it is caused by infringement of his
legal right.
4) A person can claim damages even he has suffered so no loss.
Of the above propositions:
a) 1 and 2 are correct
b) 3 and 4 are correct
c) 1 and 3 are correct
d) 2 and 4 are correct
5. Injuria sine damnum relates to cases where there is
a) An invasion of an absolute private right.
b) An invasion of a public right.
c) A violation of a legal right.
d) A legally authorized act resulting in injury.

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