LAW OF TORTS-I

1. Introduction and Principles in Tort
Course-LL.B-I
Subject: Law of Tort I
Unit-I
1

2. • Introduction
• Definition of Law of Tort
• Elements of Tort
• General Elements of Tort
• Distinction between a Tort and a Breach of
Contract
• Distinction between a Tort and a Crime
• Distinction between Tort & Breach of Trust
Topics

3. Introduction
• Owes its origin to the Common law of
England.
• It is not codified like other branches of law.
• Derived from Latin term “Tortum” which
implies conduct that is twisted or wrong.
• The person commits wrong is called
wrongdoer or tort feasors.
• Private wrong

4. Definition
• Winfield- Tortious liability arises from the breach of
duty primarily fixed by law ;this duty is towards
persons generally and its breach is redress able by an
action for unliquidated damages.
• Tortuous liability :
• Arises from a breach of duty fixed by law
• This duty is towards persons generally
• Its breach is redressed by civil action for
unliquidated damages

5. Essentials of a Tort
–There must be a wrongful act committed by
a person
–It must result in legal damage to another
–Injury without damage actionable
(injuria sine damno)
–Damage without injury not actionable
(damnum sine injuria)
–It must give rise to a legal remedy
(ubi jus ibi remedium)

6. Some general Elements In Torts
• To constitute a tort there must be a wrongful act,
whether of
• Omission of an act
• Commission of an act
• Voluntary and Involuntary Acts
• Malice
• Intention,Motive,Negligence and Recklessness
• Malfeasance,Misfeasance,Nonfeasance
• Fault

7. Distinction between a Tort and a
Breach of Contract
• Tort
– Duty imposed by law
– Violation of a right in
rem
– Damages are
unliquidated
• Breach of Contract
– Duty imposed by the
parties to the contract
– Violation of a right in
personam
– Damages are liquidated

8. Distinction between a Tort and a Crime
• Both are violations of rights in rem
• In both the cases, duties are imposed by law

9. Differences:
• Tort
– Private Wrong
– Breach of Private Duties
– Object of action is
compensation
– Individual has to approach
a Civil Court for redressal
• Crime
– Public Wrong
– Breach of Public Duties
– Object of action is
punishing the wrong doer
– State initiates prosecution
against the wrong doer

10. Distinction between Tort & Breach of
Trust
• Tort
• Owes its origin to the
Common law of
England
• The main remedy in tort
is civil action for
unliquidated damages
• Breach of Trust
• Owes its origin to the
Equity Court or the
Court of Chancery.
• The remedy is for
liquidated damages

11. Thank you

12. References
• Notes of Regha surya rao- Law of Tort
• Ratan Lal & Dhiraj Law-The Law of Torts (1997) Universal, Delhi
• 1.http://tx.english-ch.com/teacher/jocelyn/tort%20law.jpg
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