Definition of Tort // Meaning of Tort // Nature of tort // Nature and Definition // #highlawgroup

#Highlawgroup

Meaning of Tort:-

· Tort is a branch of civil law.

· Tort is a Franch word and Tort is derived from Laiten word ‘ Tortum ‘ which means twisted. It can called unlawful conduct.

Definition of Tort :-

· Tort mean a civil wrong which is not branch of contract, branch of trust

· According to Salmond:- It is a civil wrong for which remedy common law action for unliquidated damages, which is not branch of contract, or branch of trust or equitable obligation.

· According Winfield :- Tortious liability arise from branch of duty primarily fixed by law. This duty is towards persons generally and its is redressable by an action for unliquidated damages.

Nature of tort :-

· The basic idea which is indicated

1. Tort is a civil wrong but every civil wrong is not tort.

2. Torts is other than a branch of contract or a branch of trust.

3. Remedy is in the form of unliquidated damages.

· Tort is a civil wrong and such civil wrong arise when a person breaches a legal duty, for claim under torts injured party files a suit in a civil court and the main purpose is to get compensation.

· It is opposed to criminal wrong in the sense that in criminal wrong the main purpose is punish the accused person.

· Sometime , a particular wrong under the category of both civil as well as criminal wrong. In such case both civil as well as criminal remedies are a variable.

Case :- Jayalakshmi salt works Pvt. ltd.

Vs.

State of Gujarat, (1994) 4 Sec 1 held that ‘ tort’ means branch of duty leading to damage.

Case (2):- Whit vs. john Warrick and corporate ltd.1953 2 All ER 1021