Contrast Liability in Tort with Contractual Liability

Tort

The French word ‘tort’ means ‘wrong’. The word tort is derived from the Latin word ‘tortum’ which means twisted or crooked or wrong and is in contrast to the word rectum which means straight. Tort is an act or omission which gives rise to injury or which harm to another and amounts to a civil wrong for which courts impose liability.

Kinds of Tort

Torts which are actionable without proof of actual damage: Like Trespass. Suppose you enter another person’s private compound, the moment you open the door and step into his compound, you commit a trespass for which an action can lie against you even if the owner of the land has not suffered the slightest harm and no actual damage done to the land. The Act of trespassing on another’s land is actionable, even though the plaintiff does not suffer the slightest harm and no actual damage is done to the law. So too, trespass to the person, even though it is only a technical assault which causes no damage, gives rise to right of action. in these cases, the law conclusively presumes damage.

Torts which are actionable only on proof of actual damage: The defendant will be liable only if as a result of his act, damage is cause to the plaintiff like slander - It is false and defamatory statement made orally or verbally which tends to lower the reputation of a person in the society like A says that B is suffering from leprosy. Now the statement made by a affects the reputation of B in the Society due to which the society shuns him.

Felonious tort: When an Act amounts to both a tort and a crime (felony), it is called felonious tort. For example, assault, defamation, malicious prosecution etc. In England, prior to 1967, the doctrine of merger of tort is felony was applied. So, a suit under the law of torts could be filed, unless the person first prosecuted in a criminal Court. In 1967, however, this rule was abolished in England. In India, the rule of merger of tort in felony had never been accepted. So a person can always be sued for a tort, although the Act also amounts to a crime, without first instituting criminal proceedings against him.