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Tort

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'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
  • Assault
  • Battery
  • Fraud and deceit
  • Defamation
  • Negligent misstatement
  • Nuisance
  • Invasion of privacy

Related Topics

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.