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Introduction to Law of TORTS

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INTRODUCTION TO LAW OF TORTS:DEFINITION AND GENERAL PRINCIPLES WHAT IS tort,?The word ‘tort' is derived from Latin term forum, to twist, and implies conduct which is twisted or “tortuous".It corresponds to the English word “wrong" and to the Roman word delict. It may be defined as “civil wrong, independent of contract, for which the remedy is an action for damages “: (Salmond). It is an act or omission which prejudicially affects a person in some legal private right":(Ratanlal). It may be noted that infliction of all civil injuries is not ‘tort'. A civil injury for which an action will not lie is not a tort.DEFINITION : The reason for giving no satisfactory definition of tort may be summed up as follows:-The law of tort is still growing. It is based on common law and not statute law.It is implicated historically with procedure. According to Underhill.-" A tort is an act Or omission which is authorized by law,and independently of contract---ESSENTIALS OF A TORT..There are five very important essentials of a tort. These are as follows:--(1) Civil wrong. (2) Infringement of right in rem.(3) Right fixed by law.(4) Common Law action. (5)


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