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Law of Tort

LAW OF TORTS NATURE AND DEFINITION The word ' tort ' is derived from the latin word ' tortum '. It means ' to twist '. Thus, it can be called a twisted or crooked conduct. Generally, it consists of certain act done without just cause or excuse. Few important definitions of 'tort' are summarized hereunder:- 1. Section 2(m) of Limitation Act, 1963 : "Tort' means a civil wrong which is not exclusively a breach of contract or breach of trust'. 2. Salmond : 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 contract or breach of trust or other merely equitable obligation." 3. Winfield : Tortious liability arises from the breach of duty primarily fixed by law. This duty is towards persons generally and its breach is redressible by an action for unliquidated damages.' 4. Fraser : It is an infringement of a right in rem of a private individual giving a right of...