Q.1:- Define word “Tort” what are its characteristics?

Q.1:- Define word “Tort” what are its characteristics?

Answer:-

Introduction:- A tort is a civil wrong independent of contract for which the appropriate remedy is an action for damages. A civil injury for which no action for damages will lie is not a tort.

General Meaning:-  Tort is breach of some civil duty independent of contract for which compensation may be recoverable. If there is an injury for which no compensation is recoverable is not tort. The Law of tort is based on common law. It is still growing. It is not the part of statue law.

Meaning:- The word tort is derived from Latin word “Tortum” which means to twist or ‘conduct’ which is twisted.

Philip james:- Tort is a private or civil wrong independent of contracts for which appropriate remedy is an action for unliqidated damages.

Wrongs which are not Tort:- Following are not tort.

(i)                  Criminal Wrong.

(ii)                Breach of contract:-

(iii)               Breach of trust

(iv)              Quasi-contractual

Illustration:- “A” enters land of “B” without permission of ‘B’ a has committed Tort of trespass.

Kind of Torts:-

(i)                 Tort actionable per se.

(ii)               Tort actionable on proof of damage.

(iii)             Felonious Trot.

Characteristics or essential of Tort:-

Following are essential or characteristics of tort.

Legal Injury:- Legal injury is violation any of the legal rights or duties recognized by law.

Legal Damage:-  legal damage as ingredient of tort  is neither actual damage nor it is necessarily pecuniary. Every unauthorized interference with a legal right or violation of right to property import legal damage.

Case Law:-

Mogul Steamship vs. Megregor 1892.

Proof of legal damage in itself without proof of legal injury would not be actionable under law of tort.

Legal Remedy:- A person suffering a legal injury and damage can succeed under law of tort only if his case is covered by the recognized tort. The law of torts is said to be a development of the maxim ubi Jus ibi remedium Remedial which means there is no wrong without a remedy.