Any recognized civil wrong which does not arise out of either contractual obligation of a person or obligations under the trust would be treated and compensated under the law of torts in the shape of awarding of either damages only or in an alternate injunction against the tortfeasor.

1. LAW
OF
TORTS
Sehrish Saba Raja Advocate

2. ORIGIN & MEANING OF WORD- TORT
The word “Tort” is derived from a Latin
word “Tortum” which means to twist i-e
not straight or correct.
Conduct which is crooked or twisted, as
opposed to that which is straight or right
would amount to tortious act.

3. GENERAL UNDERSTANDING OF WRONGS UNDER
TORT
All civil wrongs which are neither
part of breach of contract nor
breach of trust or other equitable
obligation comes under tort.

4. REMEDIES IN TORT
Certain interests of person / people are
protected by the law and these interests are
protected by the courts as well by way of
awarding damages i-e sum of money or by
issuing of an injunction, when someone
violates or infringe such protected rights of
people.

5. THE BASIC PATTERN
The paradigm tort consists of an act or
omission by the defendant which causes
damage to the claimant. The damage must
be caused by the fault of the defendant and
must be a kind of harm recognized as
attracting legal liability.

6. BASIC ELEMENTS OF TORT
There are four basic elements of a tort:
1) Duty
2) Breach
3) Causation(the relationship between
cause and effect)
4) Damages

7. INTERESTS- PROTECTED UNDER TORT
Theses protected interests include
i. Personal security
a. Fear of hit (Assault)
b. Hit by someone (Battery)
c. Freedom of movement restricted unlawfully by a person showing
himself a police man or person under authority (False
imprisonment)
d. Personal injury caused negligently (Negligence)
e. Reputation of person damaged by untrue speech or writing
(Defamation)

8. CONT…..
ii- Interest in Property
a.Nuisance
b.Trespass to land, goods and conversion
c. Negligence
iii- Economic Interests
a.Procuring a breach of contract
b.Unlawful interference
c. Conspiracy

9. DEFINITIONS OF TORT
Black’s Law Dictionary defines a tort as:
A civil wrong for which a remedy may be obtained, usually in the
form of damages.
Salmond defines a tort as:
“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 the breach of a trust or other merely equitable
obligation.”

10. DEFINITIONS CONT….
According to 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
redressible by an action for unliquidated damages.”
Fraser defines it:
“It is an infringement of a right in rem of a private individual giving
a right of compensation at the suit of injured party.”

11. DEFINITIONS CONT….
According to Melville Bigelow:
“A Tort may be said to be a breach of duty, fixed by law, and
redressible by a suit for damages.”

12. BASIC INGREDIENTS OF TORT COLLECTED FROM
DEFINITIONS
i. Civil wrong
ii. Breach of duty, Act or Omission
iii. Fixed by Law
iv. Infringement of some absolute / qualified / recognized
right
v. Causing harm or damage or injury
vi. Can be compensated in terms of damages only
vii. Right in rem

13. CATEGORIES OF TORT
There are a variety of torts, which can broadly be broken into the
following three categories:
1. Negligent torts caused by the negligence of the tortfeasor like
medical malpractice.
2. Intentional torts are deliberate acts of tortfeasor like false
imprisonment, misrepresentation etc.
3. Strict liability torts are torts where the law recognizes some
activities so dangerous that an individual engaging in those
activities is held responsible for damages regardless of intent or
negligence resulting in harm. A common example is blasting with
dynamite and product liability.

14. EXAMPLE OF ACTIONABLE TORT
Asim drives his car carelessly with the result that it mounts the
pavement and hits Banaras, a pedestrian, causing Banaras personal
injuries.
- The Act is Asim driving the vehicle.
- This Act has caused damage to Banaras.
- The Damage was as a result of carelessness of Asim (lack of due
care from him) i-e his fault.
- The Injury Suffered by Banaras, personal injury, is recognized by law
as attracting liability.
- Asim will be liable to Banaras in the tort of negligence and Banaras
will be liable to recover damages.

15. EXAMPLE OF NON- ACTIONABLE TORT
Asim opens a mobile restaurant in front of already
existing restaurant of Jamil. Asim reduces his prices
with the intention of putting Jamil out of business.
Asim has committed no tort as losses caused by
lawful business competition are not actional in tort.

16. DEFENCES OF TORT
a. Volenti non fit injuria
Where one party voluntarily agrees to suffer any harm by himself then he is
not allowed to raise any question against it afterwards. Personal consent of
party is a good defence.
b. Necessity
If an act is done out of necessity to prevent a greater loss to be caused to
the other then remedy cannot be claimed under tort.
c. Inevitable accident
An unexpected and unforeseeable accident which could not be avoided
under despite all precautions is not claimable under tort.

17. DEFENCES OF TORT
d. Act of God
An inevitable natural accident or calamity which is unforeseeable
and unavoidable preclude the aggrieved from claiming under tort
like destruction to vehicles due to extreme snowfall.
e. Private Defence
Damage caused during personal protection under self-defence is
not claimable in tort.