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ESSENTIAL ELEMENTS OF TORTS
1. Introduction:
A tort is the breach of
a civil duty and damage resulting from the breach of duty which is of such
character as to afford a right of redress at law. The term tort has been held
to mean a private wrong, that is fviolation of civil rights belonging to individuals,
considered as individuals.
2. Meaning:
The word tors dived from
latin word “Tortum” which means to twist or conduct which is twisted.
3. Definitions:
(i) Blacks law Dictiionary:
A civil wrong other than
breach of contract for which a remedy may be obtained.
(ii) Oxford Dictionary:
Tort is a private or
civil wrong.
4. Essentials of tort/ ingredients of tort:
Following are essential or ingredients of tort.
(i) Legal Rights and Duties:
The rights and duties on
which tort may be predicated are recognised and enforced by law.
(ii) Wrongful Act:
To constitute a tort,
there should be a wrongful act and that wrongful act must violate the private
right of the plaintiff.
(iii) Legal Damage:
A third ingredient of
tort is legal damage resulting from the breach of trust or some other merely
equitable obligation.
(iv) Civil Wrong:
Tort is a civil wrong
Civil wrong which are exclusively breaches of trust or some other merely
equitable obligation.
(v) Rights Are Fixed by Law:
A legal right is an
interest recognised and protected by law.
(vi) Legal Remedy:
A tort is a civil wrong
for which the remedy is an action for unliquidated damages, beacause whenever
there is a legal right there is a legal remey.