The word ‘tort’ is derived from the latin word ‘tortum’ meaning thereby ‘twisted’ or ‘crooked’ or ‘what is not straight’. Thus, the word ‘tort’ signifies wrong. A tort is a civil wrong as opposed to public wrong. A civil wrong also known as private wrong i.e. a wrong against an individual and not against the state which happens in case of a criminal or public wrong. But all civil wrongs are not torts. Breach of contract is a civil wrong but it is not a tort. This is because of the damages or compensation to be paid by the party committing such breach of contract is normally liquidated or pre-estimated or fixed in advance in the agreement itself. In tort, damages are unliquidated i.e. not pre-determined or which are to be determined by court. The basic principle behind action for tort is “ubi jus ibi remedium”. It means where there is a right, there is a remedy. In order to constitute a tort, it is essential that:-

There must be some act or omission on the part of defendant i.e. the wrong doer.
Such act or omission has caused a legal damage i.e. infringement of some legal right of the plaintiff.

Nature of a tort

Nature can be best understood by distinguishing:-

Tort and crime
Tort and Breach of Contract

Tort and crime:

(a) In a tort, there is an infringement of private or civil rights of individual. In crime, there is a breach of public rights which affect the whole community.

(b) In tort, the main aim is to recompensate the plaintiff for the loss suffered by him. In crime the main aim is to punish the accused if convicted.

Tort and Breach of Contract:

(a) In tort, there is a breach of duty which is fixed by law. In contract, there is breach of duty which is fixed by the contracting parties.

(b) In tort, damages are generally unliquidated and are determined by the court on the facts and circumstances of the case. Damages are fixed according to the terms and conditions of contract.

Act or Omission

In order to succeed in an action for tort, the defendant must have done something which he was supposed not to have done, or must have omitted to do something which he was supposed to have to have done to the plaintiff.

Example:- ‘A’ digs a pit on the road, B falls into it. ‘A’ is liable to be ‘B’ for tort.

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Law of Torts

There must be some act or omission on the part of defendant i.e. the wrong doer.

Such act or omission has caused a legal damage i.e. infringement of some legal right of the plaintiff.

Nature of a tort

Nature can be best understood by distinguishing:-

Tort and crime

Tort and Breach of Contract

Tort and crime:

(a) In a tort, there is an infringement of private or civil rights of individual. In crime, there is a breach of public rights which affect the whole community.

(b) In tort, the main aim is to recompensate the plaintiff for the loss suffered by him. In crime the main aim is to punish the accused if convicted.

Tort and Breach of Contract:

(a) In tort, there is a breach of duty which is fixed by law. In contract, there is breach of duty which is fixed by the contracting parties.

(b) In tort, damages are generally unliquidated and are determined by the court on the facts and circumstances of the case. Damages are fixed according to the terms and conditions of contract.

Act or Omission

In order to succeed in an action for tort, the defendant must have done something which he was supposed not to have done, or must have omitted to do something which he was supposed to have to have done to the plaintiff.

Example:- ‘A’ digs a pit on the road, B falls into it. ‘A’ is liable to be ‘B’ for tort.