Law of tort is a special branch of law governing action for damages for injuries to certain kinds of rights.
Right of personal securities, property, and reputation. A wrong which is not a crime, not a breach of contract or breach of trust is a wrongful tort. A tort is derived from the Latin word 'tort’ meaning twist. A tort is a civil wrong but all civil wrong is not tort.
Winfield- tortious liability Arises from breach of a duty primarily fixed by law for unliquidated damages.
Prof bangia- tort is a civil wrong which is. Redressable by an action for unliquidated damages.
Section 2 limitation act - tort is a civil wrong which is not exclusively a breach of contract or breach of trust.
Tort and crime
The tort is an infringement of private or civil rights of an individual whereas a crime is breach pf public right which affects the whole community. The former forum of redressal is a civil court. In the latter forum is a criminal court.
Suit for damages in tort is filed by the plaintiff himself whereas in crime it is done by the state. Aim of tort is to re-compensate the plaintiff for loss suffered by him from the wrongful act of the plaintiff. In crime, the aim is to punish the accused and to set an example for the whole society so that such crime is not repeated in the future.
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