A tort is a civil wrong (not a criminal wrong) where one person’s wrongful act or omission causes harm or injury to another, giving rise to legal liability.
Here’s a quick summary for clarity:
⚖ Definition of Tort
A tort is:
A wrongful act or omission, other than a breach of contract, which causes harm or injury, and for which the injured party can seek compensation or other civil remedies in court.
So, the injured party (plaintiff) sues the wrongdoer (defendant) for damages (money compensation) or sometimes for an injunction.
๐ท Key Features
✅ Civil wrong, not criminal (though some acts can be both)
✅ Remedy is usually compensation
✅ Based on duty imposed by law, not contract
✅ Focus is on protecting private rights, not punishing public wrongs
๐ Examples of Torts
✔ Negligence (e.g., car accident due to careless driving)
✔ Nuisance (interference with someone’s enjoyment of their property)
✔ Trespass (entering someone’s land without permission)
✔ Defamation (harming someone’s reputation through false statements)
✔ Assault and battery (intentional harm)
๐ Key Differences: Tort vs. Crime vs. Contract
| Aspect | Tort | Crime | Contract |
|---|---|---|---|
| Duty arises from | Law | Law (public wrong) | Agreement between parties |
| Remedy | Compensation, injunction | Punishment, fine, jail | Compensation, specific performance |
| Party who sues | Injured individual | State/prosecution | Contracting party |
No comments:
Post a Comment