Salmond- it is a civil wrong for which the remedy is a common law action for un liquidated damages and which is not exclusively the breach of a contract or a breach of a trust or other merely equitable obligations.
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 repressible by an action for un liquidated damages.
We may define tort as a civil wrong which is redressable by an action for un liquidated damages and which is other than a mere breach of contract or breach of trust
Tort is a civil Wrong- Tort belongs to the category of civil wrongs. The basic nature of civil wrong is different from a criminal wrong. In the case of a civil wrong the injured party institutes civil proceedings against the wrongdoer.
The Tort is other than a breach of contract- Tort is that civil wrong which is not exclusively and other kind of civil wrong like breach of contract or breach of trust.
Tort is redressableby an action for unliquidated damages- Damage is the most important remedy for a tort. Generally it is the money compensation which may satisfy the injured party. After the commission of the wrong , it is generally not possible to undo the harm which was already been caused. The only thing which can be done is that is the money equivalent to the harm. Damage in the case of Tort are unliquidated means a compensation which had not been previously determined. A scientific definition of tort is not possible; Tort can be defined by mentioning various elements the presence of which could be considered to be tort.
All the definition of tort follow the negative approach. It explain the trout by distinguishing it from other wrong or by mentioning some of the elements, which are found in a tort, but are not there in other wrong.
The term tort in common law systems for a civil actionable harm or wrong.
Analytically Meaning of Tort -the law of tort is a branch of the law of obligations, where the obligation to refrain from harm to another and, if harm is done, to repair it or compensate for it, are imposed not by agreement.
Social Meaning of Tort- the functions of tort is to shift loss sustained by one to the person who is deemed t have caused it or been responsible for its happenings.
Historically- there was no general principle of tortuous liability, but Kings court gave remedies for various forms of trespass for direct injuries.
The nature of tort can be understood by distinguishing
|Species||Civil wrong||Criminal wrong|
|Effect||Plaintiff is the injured party||Victim is the injured party|
|Violation of Rights||Private right and duty||Public rights and duties|
|Remedy||Compensation in the form of money or other wise||Punishment|
|Parties||Individual||Individual and State|
|Purpose||To compensate the loss suffered by him||To protect the society by preventive and deterring effect.|
|Nature of punishment||Competitively less, or lighter||Heavy and serious|
|Intention factor||Intention generally immaterial||Intention or mens rea is play an important role|
|Burden of proof||Lies with the complaint or injured||Lies with the state.|
|Principle of Natural justice||Plan an important role in fixing the wrong doer liability||Strict rules principles and procedure followed in fixing the wrong doer liability.|
|Codification||It is not the codify law||It is the codify law.|
|Moral element||Moral element has no place in tort. the wrong doer punished by way of damages for the better social welfare and efficiency.||To some extant moral elements are treated in the same.|
|Basis||Tort||Contract / Quasi Contract|
|Nature of Damage||Unliquidated damage, means the damage which has not been agreed upon before||Liquidated damages, which has been agreed upon on non discharging the contract liability|
|Nature of Rights||In tort the violation of rights in rem, i.e. of a right vested in public generally.||In case of contract in the right in personam, i.e. a right available only against some determinate person or body of person.|
|Motive||In tort some time in tort motive play an important role||In contract motive has no place, jut the breach of contractual obligation is the consideration point.|
|Codification of law||There is no codification of law in tort||It is a codify law.|
|Non occurrence damages||Injured may be entitle for non occurrence damages, which he has not actually suffered.||The injured party is only entitle for actual damages.|
|Kind of damages||Exemplary or vindictive damages are awarded in tort||Such kind of damage are not awarded in contract.|