Some Definitions of Tort
BA LLB 1st semester
Some of the 4 important definitions, which indicate the nature of this Branch of law, are as under:
1. Tort mean a civil wrong which is not exclusively a breach of contract or breach of trust"-S. 2(m), the Limitation Act 1963.
2. It is a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of contract or the breach of a trust or other merely equitable obligation."-Salmond
3. Tortious Liability arises from the breach of a duty primarily fixed by the law : this duty is towards persons generally and its breach is redressable by an action for unliquidated damages Winfield.
4. It is an infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party."-Fraser.
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