What is Tort?

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The word tort is derived from the Latin term “tortum” which means “to twist”. It means any wrongful act or injury which is redressible by an action for damages at the instance of the person wronged or injured. It is an act committed by tortfeasor because of which some other person had to suffer damage or injury. A tort Feasor is a person who commits the act or we can say that it is a person who is responsible for the commitment of tort.

In English it means wrong, in Sanskrit, it is referred to as ‘Jimha’. Thus, we can say that tort is a “civil wrong and it includes damage or injury, where damage refers to actual loss or harm and injury refers to the infringement of the right.

Law of torts is not an enactment but guidelines and principles formed by society over a period of time. Law of torts may precisely be defined as that body of law that deals with the liability of persons against whom an ‘action in tort’ would lie.

According to Dr. Winfield, tortious liability i.e., liability in torts arises from the breach of duty primarily fixed by the law, such duty is towards persons generally and its breach is redressible by an action for unliquidated damages.

According to Clark & Lindsell, “tort is a wrong independent of contract, for which the appropriate remedy is a common-law action”.

Salmond has defined tort as a civil wrong which is redressible by an action for unliquidated damages, and which is other than a mere breach of contract or breach of trust.

Tort has also been defined under Section 2(m) of the Indian Limitation Act, 1963. According to this tort is a civil wrong that is not exclusively the breach of a contract or the breach of trust.

Characteristics of Tort:
Tort is a civil wrong because of which there is violation of legal right of a person or there is breach of duty.
It is redressible by a civil action for damages and such damages are unliquidated. The quantam of damages is determined by the court.
It is different from breach of contract or a breach of trust.
For bringing an action in tort, it is not necessary that the plaintiff must have suffered any pecuniary damages due to wrongful act of the defendant. Mere violation of legal right is sufficient for making the defendant liable.
Nature of Tort:

A tort is a civil wrong and it is different from a criminal offense. The aggrieved party can file a civil suit and recover damages from the defendant. The person who files a suit is known as a “plaintiff” and the person against whom a suit is filed is known as the “defendant”.

Distinction Between Tort and Crime:

Tort	Crime
Tort is a civil wrong that is redressible by an action for unliquidated damages.	Crime means an action or omission which constitutes an offense and is punishable by law.
Tort is a violation of the civil or a personal right of the plaintiff.	Crime is a violation of public duty as it affects the whole society.
A tort is a private wrong.	Whereas crime is a public wrong.
In tort the defendant is liable to pay damages.	In crime, the offender is punishable with imprisonment or death penalty, etc.
In tort, the motive of the defendant is not relevant.	But in crime “actus rea” must be accompanied by “mens rea”
In tort, the plaintiff himself can institute a civil proceeding against the defendant.	In case of crime, the criminal proceeding against the offender is instituted by the state.

Distinction Between Tort and Contract:

Tort	Contract
Tort is a civil wrong that is redressible by an action for unliquidated damages.	Contract is an agreement enforceable by law.
Tort involves violation of a right in rem.	Breach of contract is a violation of right in personum.
In torts, duty is imposed by law.	Whereas in case of a contract, duty is imposed by the parties who agreed to it.
Damages are unliquidated in case of tort.	Damages are liquidated in case of contract.