Tort is a civil wrong. The word tort has been derived from the Latin word "tortum" which means to twist. In general, it means conduct that adversely affects the legal right of others and is thus, "wrong".
Expert Definitions
- Salmond: "A tort is a civil wrong for which the remedy is action in common law for unliquidated damages, and which is not exclusively a breach of contract or breach of trust."
- Winfield: "Tortious liability arises from the breach of duty primarily affixed by law. The duty is towards persons in general."
- Fraser: "Tort is an infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party."
Note: Not all civil wrongs are torts. Breach of contract and trust have remedies within their own specific laws.
Difference: Tort vs. Contract
Tort vs. Breach of Contract
| Basis | Law of Tort | Breach of Contract |
|---|---|---|
| Nature of Duty | The duty is fixed by law and is towards persons generally. | The duty is fixed by contracting parties towards specific persons. |
| Nature of Right | Violation of a Right in Rem (Right available against the world at large). | Violation of a Right in Personam (Right against a specific person). |
| Privity | No privity is needed. A suit can be filed even without a contract. | Privity of contract is necessary between the parties to take action. |
| Motive | Motive for breach of duty is generally immaterial. | Motive is often taken into consideration by the court. |
| Damages | Remedy usually involves unliquidated damages. Exemplary damages are often awarded. | Remedy usually involves liquidated damages. Exemplary damages are rare. |
| Limitation | Limitation period generally starts from the date the damage results. | Limitation period starts from the date the contract is breached. |
Calicut University Law Notes | Essential for 5-Mark Answers
Quest 1 - Difference Between Crime and Tort (5 Marks)
Detailed Comparison: Tort vs. Crime
| Aspect | Tort (Civil Wrong) | Crime (Criminal Wrong) |
|---|---|---|
| Definition | A civil wrong causing harm or loss to an individual, directly affecting them. | A violation of law considered an offense against the state or society. |
| Purpose | Providing relief, compensation, or restitution to the injured party. | To maintain public order and safety; to punish and deter wrongful conduct. |
| Parties | Plaintiff (Injured) vs. Defendant (Wrongdoer). | Prosecution (State) vs. Defendant (Accused). |
| Burden of Proof | Preponderance of evidence (More likely than not). | Beyond a reasonable doubt (Higher standard). |
| Examples | Negligence, Defamation, Trespass, Nuisance. | Theft, Assault, Murder, Fraud. |
| Legal Action | Initiated by the injured party (Plaintiff). | Initiated by the State or Government (Prosecution). |
| Remedies | Damages, Compensation, Injunctions. | Imprisonment, Fines, Community Service, Probation. |
| Withdrawal | Suit may be withdrawn at any time if parties agree to a compromise. | Compromise is not allowed, except where specifically allowed by law. |
Calicut University Law Notes | Verified for BBA/BCom LLB
Source: Calicut University Law Notes | By AspiringLawyer
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