Q-Define Tort, and its essentials.
Q- injuria sine dmno and damnum sine injuria.
Q- write a short note s on the following in the light of two latin maxims•
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Gloucester Grammar School Case.
Ashby V white
The word tort has been derived from the Latin term tortum, which means to twist. It includes that conduct which is not straight or lawful.
It is equivalent to the English term wrong. Tort is the breach of duty recognized by law.
Definition of Tort-Salmond- 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 a contract or a breach of a trust or other merely equitable obligations.
Winfield- tortious liability arises from the breach of a duty primarily fixed by the law; this duty is towards persons generally and its breach is repressible by an action for unliquidated damages. Analysis of definitions
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Tort is a civil Wong.
Every civil wrong is not a trot like breach of contract and breach of trust
Tort is redressible by an action for unliquidated damages
We may define tort as a civil wrong which is redressible by an action for unliquidated damages and which is other than a mere breach of contract or breach of trust
Tort is a civil Wrong- Tort belongs to the category of civil wrongs. The basic nature of civil wrong is different from a criminal wrong. In the case of a civil wrong the injured party institutes civil proceedings against the wrongdoer.
The Tort is other than a breach of contract- Tort is that civil wrong which is not exclusively and other kind of civil wrong like breach of contract or breach of trust.
Tort is redressible by an action for unliquidated damages- Damage is the most important remedy for a tort. Generally it is the money compensation which may satisfy the injured party. After the commission of the wrong , it is generally not possible to undo the harm which was already been caused. The only thing which can be done is