'Tort' is a civil wrong.
- The term 'Tort' is derived from latin words ‘torquere’, ‘tortum’ and ‘tortus’ which means 'twisted'.
- A Tort is a breach of duty owed to someone else, while a crime is a breach of duty owed to Society. Other meanings of 'tort' include 'without reason, unjustly, wrongfully'.
- A Tort is a deviation from what is right.
- Pollock: “An act which causes harm to a determinate person, whether intentionally or not, not being the breach of a duty arising out of a personal relation or contract, and which is either contrary to law, or an omission of a specific legal duty, or a violation of an absolute right.”
- William Prosser: “A term applied to a miscellaneous and more or less unconnected group of civil wrongs other than breach of contract for which a court of law will afford a remedy in the form of an action for damages.”
- Ratanlal and Dhirajlal: “A civil wrong independent of contract for which the appropriate remedy is an action for unliquidated damages.”
Examples of Tort
- Trespass to land,
- False imprisonment and wrongful confinement
- Fraud and deceit
- Negligent misstatement
- Invasion of privacy
Related Case / Recent Cases / Case Law
- Noor Mohd vs Mohd Jiauddin, 1991 MPLJ 503: Refusal of bridegroom and his father to take the bride to their home after a marriage in full gaze of guests is a tort of defamation and damages could be awarded for loss of reputation.
- Ashby vs White (1703) 2 Ld, Raym 938: Refusal to register vote: A returning officer wrongfully refused to register a duly tendered vote of a qualified vote, the plaintiff. It is held the action was allowed on the ground that the violation of plaintiff's statutory right was an injury for which he must have a remedy and was actionable without proof of pecuniary damage.