Sudhir Sachdeva Law Classes 9999997086

Law Of Torts

CS Executive- Jurisprudence Interpretation and General Laws Page 1

Sudhir Sachdeva Law Classes 9999997086

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Sudhir Sachdeva Law Classes 9999997086

QUESTION.1 WHAT IS MEANT BY WRONG?

(1) MEANING OF WRONG • Wrong is something which is not correct.
• The act which is not accepted by a civilized society.
(2) WRONGS MAY BE • Wrongs, in law, are either public or private.
PUBLIC OR PRIVATE • PUBLIC WRONGS are the violations of ‘public law and
WRONG hence amount to be offences against the State.
• PRIVATE WRONGS are the breaches of private law,
i.e., wrongs against individuals.

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QUESTION.2 WHAT IS MEANT BY TORT?

(1) MEANING OF TORT • "Tort" means a civil wrong which is not exclusively the
breach of a contract or the breach of trust.
• The distinction between civil and criminal wrongs
depends on the nature of the appropriate remedy
provided by law.
• The word ‘tort’ is a French equivalent of English word
‘wrong’.
• The word tort is derived from Latin language from the
word Tortum.
(2) EVERY WRONG IS NOT • Simply stated ‘tort’ means wrong.
A TORT • Every wrong or wrongful act is not a tort.

(3) TORT-CIVIL WRONG • Tort is really a kind of civil wrong as opposed to criminal
NOT A CRIMINAL WRONG wrong.
(4) DISTINCTION • The distinction between civil and criminal wrongs
BETWEEN CIVL WRONG depends on
AND CRIMINAL WRONG • the nature of the appropriate remedy provided by law.

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Sudhir Sachdeva Law Classes 9999997086

QUESTION.3 GIVE DEFINITIONS OF TORT. WHAT ELEMENTS CAN BE DERIVED FROM

THE DEFINITIONS OF TORT?
(1) DEFINITION OF TORT Salmond defines it as
BY SALMOND • ”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 obligation.”

(2) DEFINITION OF TORT Fraser describes it as

BY FRASER • “an infringement of a right in rem
• of a private individual
• giving a right of compensation
• at the suit of the injured party.”

(3) DEFINITION AS PER
SECTION 2(M) OF THE
LIMITATION ACT, 1963
Section 2(m) of the Limitation Act, 1963, states:
• “Tort means a civil wrong
• which is not exclusively
• a breach of contract or
• breach of trust.”

(4) DEFINITION OF TORT Winfield says:

BY WINFIELD • “Tortious liability arises from the breach of duty,
• primarily fixed by law;
• this duty is towards persons generally
• and its breach is redressable by an action
• for unliquidated damages”.

TWO IMPORTANT ELEMENTS CAN BE DERIVED FROM ALL THESE DEFINITIONS,

NAMELY:
ELEMENT-1 That a tort is a species of civil injury of wrong as opposed to a
criminal wrong, and
ELEMENT-2 That every civil wrong is not a tort.

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CS Executive- Jurisprudence Interpretation and General Laws Page 4