Definition of Tort
The word Tort was derived from the Latin term Tortum.
- Prof. P H Winfield, Tortious Liability arises from 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.
- Sir John Salmond defined Tort as a civil wrong for which the remedy is common law action for unliquidated damages and which is not exclusively the breach of contract or the breach of trust or other merely equitable obligation.
- Fraser: A tort is an infringement of a legal right in rem of a private individual, giving a right of compensation of the suit of the injured party.
- Rogers vs Rajendro Dutt (1860) 8 MIA 103: Judicial Committee of Privy Council: Tort is an act or omission which prejudicial affects, another and some legal right giving him a right to claim damages.
- Jarvis vs May Davies & Co, (1936) 1 KB 405: Where the breach of duty alleged arises out of a liability independently of the personal obligations undertaken by contract, it is a tort.
- Defamation Act, 1952