Explain Salmond definition of Tort.
June 03, 2014
ü Explain Salmond definition of Tort.
v Definition of Tort :
Salmond:
Tort is 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
the breach of a trust or other merely equitable obligations.
Analysis of Definition:
Tort is a civil wrong.Every civil wong is not a tort like breach of
contract and breach of trust.
Tort is redressible by an action for unliquidated
damages.
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Tort is a civil wrong: Tort belongs to the category of
civil wrongs.The basic nature of civil wrong is different from a criminal
wrong.In the case of a civil wrong the injured
party institutes civil proceedings against the wrongdoer.
Ø
The Tort is other than a breach of contract or trust: Tort is that civil wrong which is not
exclusively and other kind of civil wrong like breach of contract or breach of
trust.
Ø
Tort is redressible by an action for unliquidated damages : Damages is the most important remedy
for a tort. Generally it is the money compensation which may satisfy the
injured party.
Ø Common law action: The remedy available in respect of
the violation of such a right should be a common law action,Common law action means a suit filled
under the English common law.
At last ,We can say that tort is a civil wrong which is redressible by an
action for unliquidated and which is other than a breach of contract or breach
trust.
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