This document defines elements of tort law and essential requirements for a tort. It notes that a tort requires: 1) A wrongful act through commission or omission of an act. 2) The act must result in legal damage to another person. 3) The tort must give rise to a legal remedy. Some general elements that can constitute a tort are wrongful voluntary or involuntary acts, malice, intention, negligence, recklessness, and fault. Legal damage is required for an action to be redressable, while injury alone is not sufficient.

1. Elements of Tort
Course-LL.B-I
Subject-Law of Tort-I
Unit-2
1

2. 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

3. Essentials of a Tort
–There must be a wrongful act committed by
a person
–Wrongful Act consists ;
1.Commission of an act
2.Omission of an act

4. • It must result in legal damage to another
- Legal damage should be there
- If there is no legal damages then it will not be
actionable under law of Tort

5. –Damage without injury not actionable
(damnum sine injuria)
Case law- Gloucestor Grammar school

6. –Injury without damage actionable
(injuria sine damno)
• Ashby vs white

7. –It must give rise to a legal remedy
(ubi jus ibi remedium)
–When there is no remedy, there is no legal
right.

8. 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

9. Thank you

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