Tort derived from the Latin word ‘tortum’, which means ‘to twist’.

It includes that conduct

which is not straight or lawful. It is equivalent to the English term ‘wrong’.
Meaning Of Tort :
In very simple words,Whenever a wrong doer violates some legal rights vested in
another person,it is simply said a tort.For Example : Violation of a duty to injure the
reputation of someone else results in the torts of Defamation,Violation of a duty not to
defraud another results in the tort of deceit,etc.
1. Tort is said to be committed when the legal rights of a person is harmed by the other.
2. The damages or compensation is made to the aggrieved party by the other party.
3. The party against which to tort is committed is known as the Aggrieved Party and acts
as Plaintiff while the party by whom the tort has been committed acts as Defendant.

Types of Wrongs
Wrong can be of two types - Public and Private. Tort is a Private Wrong, whereas Crime is a Public
Wrong. Torts are tried in Civil Courts.

 Wrong
 Public wrong - These are acts that are tried in Criminal Courts and are punishable under the
Penal Law (such as the Indian Penal Code, 1860 in India)
 Private wrong - These are acts against an individual person or a person within a community
and are tried in Civil Courts.

Essentials Of Torts :
1. There should be a wrongful act/omission on the part of a person.
2. The wrongful act/omission must result in infringement of legal rights of another person.
3. Legal remedy for the wrongful act/omission.
Difference Between Law of Tort & Law of
Torts
Law Of Tort :
 According to Winfield & Pollock,All injuries done to another person are tort unless there is some

jurisdiction recognized by law.

 Therefore,this theory conveys that torts not merely consists those torts which have acquired

specific names,but also includes the wider perception that all unjustified harm is tortious.
Law Of Torts :
 This Theory was supported by Salmonds and is also known as PIGEON HOLE THEORY.

 According ti this theory,the law of torts consists of a set of pigeon holes,each hole contains a

specified tort.If the wrong doesn’t fit in any of these pigeon holes,then no tort is said to be

committed.

Difference Between Torts & Crime :

1. Torts is a Civil Wrong while Crime is a Public Wrong.
2. Tort is Right In Personam(Right against a person) whereas Crime is Right in rem(right
against the whole world).
3. Parties are known as Plaintiff & Defendant in Torts while in Crime, Parties are known as
Prosecution & Defence.
4. In Torts, The individual against whom the wrong is done files the case while in Crime
State files the case.
5. Compensation, Injunction are the penalty in tort while in Crime, Punishment or Fine are
the penalty.
6. In Tort two parties can compromise, but in Crime, no compromise is done.
7. Exemplary Damages are provided in some cases.(Eg : Punitive Damages) in Tort while
in Crime, Deterrence : Punishment is given to set an example to the society.(Eg : Death
Sentence).
8. Distinction between Tort and crime-

Tort Crime
i) Less serious wrongs are considered as i) More serious wrongs have been considered
private wrongs and have been labelled as to be public wrongs and are known as crimes.
civil wrong.
ii) The suit is filed by the injured person ii) The case is brought by the state.
himself.
iii) Compromise is always possible. iii) Except in certain cases, compromise is
not possible.
iv) the wrongdoers pays compensation to the iv) The wrongdoer is punished.
 injured party.

Distinction between Tort and Breach of trust-

Tort Breach of Trust

i) Damage of tort is unliquidated. i) Damage of breach of trust is liquidated.
ii) Law of tort was part of common law. ii) Law of trust was part of Court of
Chancery.
iii) Tort is partly related to the law of iii) Trust is a branch of law of property.
property.
Kinds of Torts
As mentioned before there can be innumerable type of acts that violate the legal right of others. The
law of tort is therefore ever evolving. New ways in which the rights are violated come to light
everyday. However, they can be classified on the basis of way of incurrment of liability into the
following three categories –
1. Intentional – Wrongful acts that are done intentionally, irrespective of with or without malice,
belong to this category. For example, torts such as assault, battery, trespass to land, false
imprisonment are intentional torts.
2. Negligent Conduct – Wrongful acts that are done without any intention but because of not taking
proper care that is required by law fall into this category.
3. Strict Liability – Acts that are neither done intentionally nor do involve any negligence, but still
cause an injury to other are liable under the concept of strict liability as propounded in Rylands
vs Fletcher. In strict liability cases, the defendant is liable even if it acted reasonably. There are
3 types of strict liability cases:
1- keeping wild animals
2- dangerous, legal activities such as blasting roads
3- the manufacture of products (products liability)
Torts can also be classified according to the type of damage –
1. Physical Torts – Causing physical hurt to body such as assault, battery. It can happen with
intention or even with negligence.
2. Abstract Torts – Causing damage to mind or reputation such as defamation.
3. Tort involving property – For example, Trespass to land.
4. Tort involving legal right – For example, false imprisonment.
5. Nuisance – Causing unreasonable restriction towards exercise of one’s legal right.

6. DISTINGUISH BETWEEN LAW OF TORT AND CRIMINAL LAW: I. AS TO PARTIES: > In tort parties
are known as plaintiff and defendant. > In criminal law, parties are known state and accused. II.
AS TO PUNISHMENT: > Tortfeasor has to pay damages. > Criminal are sent to prison. III. AS TO
PROCEDURE: > In tort, proceedings are regulated by civil procedure code 1908. > Proceeding are
regulated by the criminal procedure code 1898. IV. AS TO INTENTION: > Intention is not relevant
in tortiuous act. > Intention is always relevant in criminal act. V. AS TO DEFENCE: > Necessity is a
defence in tortiuous act. > Necessity is not a defence in criminal act. VI. AS TO COMPROMISE: >
In tort, compromise is permissible. > Compromise is not permissible in criminal law. VII. AS TO
PROCEEDINGS: > Proceedings are conducted by injured person in law of tort. > Proceeding are
 conducted by the state in criminal law. VIII. AS TO CODIFICATION: > Law of tort is not codified. >
Codified in Pakistan penal code. IX. AS TO POSITION OF MINOR: > A person under seven year is
tortuously liable in tort. > A person under seven year is not criminally liable
7. Civil wrong. ... Tort, breach of contract and breach of trust are types of civil wrong

Tortious liability arises from the breach of a duty primarily fixed by law. This duty is towards
the persons general and its breach is redressable by an action for unliquidated damages. Three
main elements in tort are;

1. Civil Wrong
2. Civil wrong other than a breach of obligation under a contract or trust; and
3. Claim is always for unliquidated damages

Tort belongs to the category of civil wrongs. The basic nature of wrong is different from
criminal wrong. In case of civil wrong the injured party or the plaintiff institutes civil
proceedings against the defendant. The main remedy available under tort is damages.
8. . Monetary compensation in most torts is the only remedy available to the aggrieved partyOther
Remedies: Besides un-liquidated damages, which are usually in the form of monetary
compensation, there are also other remedies available in a case of tortious liability. These are: a)
Injunction, b) Self –help, and c) Restitution of property
9. Private rights are vested in persons in general by virtue of law. It can be further divided into two
types, namely,. i. Right in Personum is a right which one person can enforce on another specific
person. Example : Rights of parties to a Contract ii. Right in rem is a private right that a person is
entitled to against the society as a whole, and is not limited to against any specific person.
Example: Right to property, Right to reputation, Right to etc.
10. ,

11. A tort liability may occur as a result of intentional acts, a

negligent act, a failure to act when the individual had a duty to act, or a
violation of statutes or laws. The individual who commits the tortious
act (the act leading to the tort liability claim) is called the “tortfeasor,”
and is the defendant in this type of civil lawsuit. Such a defendant is
generally held liable for damages or harm suffered by the plaintiff, as a
result of the defendant’s acts.
12. In many tort liability cases, the damages or injury suffered by the
plaintiff do not have to be physical injury. A defendant in a tort liability
case, who is found to be liable for his or her tortious acts, may be
ordered to pay damages for harm, such as violation of personal rights,
pain and suffering, and emotional distress.
13.