Essentials of Tort

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

[Advocate]

Essentials of Tort-

Tanmoy Mukherjee

       [Advocate]

According to Salmond, tort is a civil wrong for which the remedy is a common law action for unliquidated damages which is not exclusively the breach of contract or the breach of trust or other merely equitable obligation.

Wrongful Act or Omission-

Legal Duty-

Reference Cases-

Injuria-

Injuria sine damnum-

-In tort law, infringement of legal rights refers to the violation of a person's rights protected by law, even if no actual damage or loss is suffered.

-The mere infringement is enough to give rise to a cause of action.

Reference Cases-

Casual Connection-

-There must be a direct link between the defendant's wrongful act and the plaintiff's injury.

Reference Case-

Barnett vs. Chelsea and Kensington hospital (1969)

Legal Remedy-

The law must recognized the wrongful act as one for which it provides a remedy. In tort the remedy is unliquidated damages. Unliquidated means not prefixed.