Definition of Tort

 Salmond: it is a civil wrong for which the remedy is a common law action for un liquidated 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 un liquidated damages.

Analysis of definitions

• Tort is a civil Wong.
• Every civil wrong is not a trot like breach of contract and breach of trust.
• Tort is redressable by an action for un liquidated damages
  

We may define tort as a civil wrong which is redressable by an action for un liquidated 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 redressableby 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 that is the money equivalent to the harm. Damage in the case of Tort are unliquidated means a compensation which had not been previously determined. A scientific definition of tort is not possible; Tort can be defined by mentioning various elements the presence of which could be considered to be tort.

All the definition of tort follow the negative approach. It explain the trout by distinguishing it from other wrong or by mentioning some of the elements, which are found in a tort, but are not there in other wrong.

The term tort in common law systems for a civil actionable harm or wrong.

Analytically Meaning of Tort -the law of tort is a branch of the law of obligations, where the obligation to refrain from harm to another and, if harm is done, to repair it or compensate for it, are imposed not by agreement.

Social Meaning of Tort- the functions of tort is to shift loss sustained by one to the person who is deemed t have caused it or been responsible for its happenings.

Historically- there was no general principle of tortuous liability, but Kings court gave remedies for various forms of trespass for direct injuries.

Nature of Tort

The nature of tort can be understood by distinguishing

• Tort and Crime
• Tort and duty in other civil wrongs.

Basis	Tort	Crime
Species	Civil wrong	Criminal wrong
Effect	Plaintiff is the injured party	Victim is the injured party
Violation of Rights	Private right and duty	Public rights and duties
Remedy	Compensation in the form of money or other wise	Punishment
Parties	Individual	Individual and State
Purpose	To compensate the loss suffered by him	To protect the society by preventive and deterring effect.
Nature of punishment	Competitively less, or lighter	Heavy and serious
Intention factor	Intention generally immaterial	Intention or mens rea is play an important role
Burden of proof	Lies with the complaint or injured	Lies with the state.
Principle of Natural justice	Plan an important role in fixing the wrong doer liability	Strict rules principles and procedure followed in fixing the wrong doer liability.
Codification	It is not the codify law	It is the codify law.
Moral element	Moral element has no place in tort. the wrong doer punished by way of damages for the better social welfare and efficiency.	To some extant moral elements are treated in the same.

Basis	Tort	Contract / Quasi Contract
Nature of Damage	Unliquidated damage, means the damage which has not been agreed upon before	Liquidated damages, which has been agreed upon on non discharging the contract liability
Nature of Rights	In tort the violation of rights in rem, i.e. of a right vested in public generally.	In case of contract in the right in personam, i.e. a right available only against some determinate person or body of person.
Motive	In tort some time in tort motive play an important role	In contract motive has no place, jut the breach of contractual obligation is the consideration point.
Codification of law	There is no codification of law in tort	It is a codify law.
Non occurrence damages	Injured may be entitle for non occurrence damages, which he has not actually suffered.	The injured party is only entitle for actual damages.
Kind of damages	Exemplary or vindictive damages are awarded in tort	Such kind of damage are not awarded in contract.