The word "Tort" is derived from the Latin term tortum, which literally means "twisted" or "crooked." In legal terms, it represents a civil wrong that is not exclusively a breach of contract or breach of trust, redressable through civil remedies.
1. Standard Definitions of Tort
- Sir Percy Winfield: "Tortious liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressable by an action for unliquidated damages."
- John Salmond: Defined it as "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 or the breach of a trust."
2. Key Distinctions in Civil & Criminal Wrongs
To understand the scope of tort, we must distinguish it from breaches of contract and criminal offenses:
| Law of Torts | Breach of Contract | Criminal Law |
|---|---|---|
| The duty is fixed by law automatically. | The duty is consensually agreed by the parties. | The duty is public, established by state statutes. |
| Applies to people generally (jus in rem). | Applies to specific contracting parties (jus in personam). | Applies to society at large, prosecuted by the state. |
| Remedy consists of unliquidated damages (decided by courts). | Remedy consists of liquidated damages (pre-estimated by contract). | Remedy consists of punishment (fine or imprisonment). |
3. Reception of Tort Law in India
The Law of Torts in India is uncodified and largely based on English Common Law. It is received and applied by Indian courts under the principles of justice, equity, and good conscience, modified as necessary to fit Indian cultural and socio-economic realities.