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what is tort?

29-Apr-2023
Civil

Answer By law4u team

Tort is a civil wrong that causes harm or injury to a person or their property, for which the injured party can seek compensation in a civil court. It is a wrongful act or omission that results in physical, emotional, or financial harm to someone else. The person who commits the tortious act is known as the tortfeasor, and the person who is harmed is called the plaintiff. Tort law is designed to protect individuals and their property from harm caused by the actions or negligence of others. Some common types of torts include negligence, intentional infliction of emotional distress, defamation, and trespass. In order for a plaintiff to successfully sue for tort, they must prove that the defendant had a duty to them, that the defendant breached that duty, and that the breach caused them harm. Additionally, the plaintiff must be able to show that they suffered actual damages as a result of the defendant's actions. Tort law is an important area of law that allows individuals to seek redress for harm caused by others, and it helps to promote a safer and more just society.

Answer By Ayantika Mondal

The term 'tort' is French in origin which is synonym to 'wrong' in English version. This word has originated from the Latin word 'tortus' which means to twist and implies conduct which is tortious or twisted. The Roman word 'delict' and Sanskrit word 'Jimha' depict same the meaning. A tort is a 'civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation given by Salmond and Heuston. 'A tort may be described as wrong independent of contract, for which the appropriate remedy is common law action given by Lindley and Clerk.

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