Introduction
tort, in common law, civil law, and the vast majority of legal systems that derive from them, any instance of harmful
behaviour, such as physical attack on one’s person or interference with one’s possessions or with the use and enjoyment
of one’s land, economic interests (under certain conditions), honour, reputation, and privacy. The term derives from
Latin tortum, meaning “something twisted, wrung, or crooked.” The concept encompasses only those civil wrongs
independent of contracts.
Other legal systems use different terminology for this wide and amorphous area of the law. Germans, for example, talk
of unlawful acts, and French-inspired systems use interchangeably the terms délits (and quasi-délits) and extra-
contractual civil responsibility. Despite differences of terminology, however, this area of the law is primarily concerned
with liability for behaviour that the legal order regards as socially unacceptable, typically warranting the award of
damages to the injured party or, occasionally, an injunction.
Essential conditions of tort
Wrong full act or omission
In tort law, a "wrongful act or omission" is an action or failure to act that violates a legal duty and causes harm or injury
to another party. A wrongful act is an intentional or negligent action that causes direct harm, such as an attack or
causing a car accident. A unlawful omission happens when a person fails to take necessary efforts to avoid harm, such as
a lifeguard neglecting to rescue a drowning swimmer while they are obligated to do so. Both improper acts and
omissions can lead to culpability because they violate the legal obligation to act reasonably and responsibly towards
others, resulting in bodily, emotional, or financial harm to the victim.
Ex.Running a red light and causing an accident that injures another driver could be considered an unlawful act. On the
other hand, a lifeguard who is on duty yet fails to save a swimmer who is drowning could be guilty of wrongful omission.
In both situations, the accountable party violates a legal obligation, which causes harm to another individual. Liability
and damages for the harmed party may result from certain acts or inactions.
DUTY IMPOSED BY LAW
In tort law, "duty imposed by law" refers to the legal duty that people or organisations have to behave in a specific way
in order to prevent harming other people. Depending on the relationship between the parties, this obligation may be
imposed by common law, statutes, or regulations. For instance, medical personnel must treat patients in accordance
with standards of care, and drivers have an obligation to drive their cars safely. A tort action for negligence may arise
when this obligation is broken and causes harm or damage. By holding people responsible for their acts or inactions that
could reasonably be expected to cause harm to others, the law seeks to safeguard both individuals and society as a
whole and encourage responsible behaviour.
Ex.A driver's duty to obey traffic laws is an example of a "duty imposed by law" in tort law. A driver has violated
their legal obligation to drive safely if they run a red light and collide with another car, injuring people. Since the driver's
disregard for traffic laws directly caused harm to others, the affected party may sue the driver for negligence and
recover damages.
LEGAL DAMAGE/INJURY
In tort law, "legal damage" or "injury" refers to the hurt or loss that an individual suffers as a result of another party's
improper behaviour. This harm may be physical, emotional, or pecuniary. Legal damage must be quantified and caused
