Salmond on Tort

 

📚 Salmond on Tort

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1️⃣ Who is Salmond?

• John William Salmond (1862-1924) was a renowned jurist and legal scholar.

• His treatise, “The Law of Torts”, is one of the most influential and authoritative texts on tort law, especially in common law jurisdictions including India.

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2️⃣ Salmond’s Definition of Tort

Salmond defines a tort as:

“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 other merely equitable obligation.”

Key points in this definition:

• It’s a civil wrong (not criminal).

• Remedy is usually through an action for damages (money compensation), not a fixed amount (unliquidated).

• It excludes breaches of contract — torts arise independent of contract.

• Some torts can also be remedied by injunctions or other equitable remedies.

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3️⃣ Nature of Tort According to Salmond

• Tort is a breach of a legal duty primarily fixed by law (not contract) towards persons generally or the community.

• The duty is owed to the whole world, not just a particular individual.

• When this duty is breached, and it causes harm, the injured party can sue.

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4️⃣ Difference Between Tort and Crime (According to Salmond)

Aspect	Tort	Crime
Nature of wrong	Private wrong	Public wrong
Purpose	Compensation to victim	Punishment & deterrence
Parties involved	Injured individual sues	State prosecutes offender
Remedy	Damages or injunction	Punishment (fine, imprisonment)

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5️⃣ Significance of Salmond’s Theory

• It laid down the fundamental conceptual framework of tort law, distinguishing it clearly from other branches of law.

• His work guides courts in determining what amounts to a tort and how duties and liabilities arise.

• Salmond’s emphasis on legal duty as the basis of tort is a cornerstone of modern tort jurisprudence.