Overview
A tort is nothing but a civil wrong that leads to legal consequences for the person who committed the same. The word ‘Tort’ originated from the Latin word tortum. This word means to twist. In this topic, definition of tort by several authors and its elements are discussed in detail. So let’s get started!
Definition of Tort
Salmond states, “A tort is a civil wrong for which the remedy is an action for unliquidated damages, and which is not exclusively the breach of a contract, or breach of trust or other merely equitable obligation.
According to Winfield, “ Tortious liability arises from the breach of duty primarily fixed by law; this duty is towards a person generally and its breach is redressible by an action for unliquidated damages.”
Elements of Torts
- Act- To constitute a tort a wrongful act must be committed. This act or omission must not be beyond human control.
- Malice- It is not important in all kinds of tort. It is mainly essential in the following areas defamation, malicious prosecution, malicious damage to property, slander, etc.
- Intention, Motive, Negligence, and Recklessness- The act committed can have an intention to commit or may have done due to negligence or recklessness.
- Voluntary or Involuntary- An act that is committed can be done voluntarily or involuntarily.
- Fault- A fault is an element that signifies the violation of the right of a person. This violation ultimately gives rise to a tort that is a civil wrong.
- Malfeasance- This term represents unlawful acts committed by an individual.
- Misfeasance- It means that a lawful act is committed wrongfully.
- Nonfeasance– This means that a person has failed to perform an act when there is an obligation to perform the same.
Conclusion
The Law of tort serves as an important part of the legal system. This law mainly addresses civil wrongs that general people face in their lives. Appropriate remedies for such wrongs are given as per the law. This law serves an important role in channelizing the role of an individual in a society. It also prevents an individual from doing unlawful activities and also protects the same. The law helps in regulating appropriate behavior within the society.
