CLAT (Common Law Admission Test) Legal-Aptitude Tort Revision (Page 1 of 3)

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Meaning & Definition of Tort

The word ‘tort’ has been derived from the Latin term ‘tortum’, which means ‘to twist’. The conduct which is twsted and unlawful and not lawful is termed as tort.

Salmond defines tort as, “It is a civil wrong for which the remedy is a common law action for unliquidated damages

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Nature of Tort

The nature of a tort can be understood by distinguishing

  1. Tort and Breach of Contract
  2. Tort and Breach of Trust
  3. Tort and Crime

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Tort and Crime

Tort is a private wrong and crime is a public wrong.

As tort refers to wrong done to an individual, the affected himself has to sue the other party. However he can take back his complaint as well as make settlement outside the court. But this won’t be allowed in criminal case

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Tort and Breach of Contract

A breach of contract occurs when the parties involved in the contract do away with their duties with their own consent but in tort, the responsibility is imposed by law to the public at large and not to any single individual.

Example ‘A’ and ‘B’ sign a contract. Under this c

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Tort and Breach of Trust

When breach of trust happens, the person so affected by it can ask for compensation for the loss caused to him which is not the case in tort. They are unliquidated damages.

Essentials of a Tort

  • There must be some act or omission on the part of the defendant.
  • To file a case

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