Definition of TORT
Section 2(m) of Limitation Act 1963 defines Tort as “Tort means a civil wrong which is not exclusively a breach of contract or breach of trust”
As per salmon Tort is 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 of the breach of a trust or other merely equitable obligation.
From the above definitions we can conclude that
Tort is a civil wrong however every civil wrong is not a tort.
Tort is not a breach of contract or breach of trust.
Remedy of Tort is unliquidated damages.
Essentials of Tort
Act or Omission
In order to make a person liable for a Tort he must have done something which he was not expected to do or he must have omitted to do something which he was supposed to do. So wrongful act or wrongful omissions both can make a person liable for Tort.
In order to make a person liable to Tort plaintiff has to prove that there has been a legal damage caused to him. Legal damage means there is violation of legal rights. In case there is monetary loss by no legal right is violated Tort will done. This rule is based on following two legal maxims
Injuria Sine Damno: this means Injury without financial losses or physical harm, however as there is violation of legal right. Due to this reason plaintiff can go to court for Tort. Such kind of Torts are actionable perse. In caser of Bhim Singh v State of J & K the petitioner an MLA of JK Assembly was wrongfully detained by the police while he was going to attend the Assembly session. He was not produced before the magistrate within constitutional right which deprived him from his constitutional right to attend assembly. It was held that though there was not physical harm still there was a violation of legal right which amounts to Tort.
Damnum Sine Injuria:
It means the damage which is not coupled with unauthorized interference with plaintiff legal right will not amount to Tort.
In case of Gloucester Grammer School the defendant school master setup a rival school to that of plaintiff. Because of the competition plaintiff had to reduce the fee which caused him financial loss. It was held a Tort has not been performed against the plaintiff.
Students should study online notes for CSEET subject Legal Aptitude and Logical Reasoning and then practice online test series for TORTS. This will help CSEET students to get best result and prepare them for further competitions.