Introduction to Torts PDF
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This document provides an introduction to the concept of torts in law. It covers the meaning, definitions, nature, scope, and essentials of torts, differentiating them from criminal law and contract law. It's a good starting point for understanding the foundational aspects of torts.
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Law Of Torts Introduction of Torts Meaning of Torts Definitions of Torts Nature of Torts Scope of Torts Essentials of Torts Introduction of Torts Meaning of Tort :- The word Tort has been derived from the Latin term ‘tortum’, which means ‘to twist’, crooked or wrong. A condu...
Law Of Torts Introduction of Torts Meaning of Torts Definitions of Torts Nature of Torts Scope of Torts Essentials of Torts Introduction of Torts Meaning of Tort :- The word Tort has been derived from the Latin term ‘tortum’, which means ‘to twist’, crooked or wrong. A conduct which is not straight or lawful, but on the other hand, twisted, crooked or unlawful. Tort is equivalent to roman law ‘Delict’ and to the English word ‘wrong’ and it is synonym to Hindi word ‘Duskarati’ or ‘Apkartya’. Thus tort is an act or omission done intentionally or unintentionally which prejudicially affects a person in some legal private right. Introduction of Torts Definitions of Tort :- Sec 2 (m) of the limitation act, 1963 “Tort means a Civil wrong which is not exclusively a breach of Contract, or breach of trust”. Salmond :- It is a Civil wrong for which the remedy is a common law action for unliquidated damage and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation’. Winfield :- “Tortious Liability arises from the breach of a duty primarily fixed by the law: this duty is towards persons generally and its breach is redressible by an action for unliquidated damages”. Introduction of Torts Nature of Tort :- A tort is a civil wrong and thus can be differentiates from various other forms like crime, contract and breach of trust. Firstly, tort is a Civil wrong, and secondly every Civil wrong is not a tort. Introduction of Torts Scope of Tort :- Tort is a Civil wrong and it has extended it’s scope very wide. e.G :- from physical injuries to mental injuries, and from intentional harms to harm done negligently or unintentionally. Introduction of Torts Essentials of Tort :- 1. Act or Omission 2. Legal Damage i. Injuria sine damno ii. Damnum sine injuria 3. Legal Remedy
