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The word Tort is derived from a Latin word 'Tortus' which means 'twisted' or 'cooked act'. In English it means, 'wrong'. The Expression 'Tort' is of French Origin.

The term 'Tort' means a wrongful act committed by a person, causing injury or damage to another, thereby the injured institutes (files) an action in Civil Court for a remedy viz. unliquidated damages or injunction or restitution of property or other available relief. Unliquidated damages means the amount of damages to be fixed or determined by the Court.

• The person who commits or is guilty of a tort is called a "tortfeasor". (Gordon v. Lee, 133 Me. 361, 178 A. 353, 355)
• The person who suffered injury or damage by a tortfeasor is called injured or aggrieved.
• Tort is a common law term and its equivalent in Civil Law is "Delict".
• In general, the victim of a tortious act is the plaintiff in a tort case.
• As a general rule, all persons have the capacity to sue and be sued in a tort.
• Tort Law provides an avenue for an injured person of a remedy. It does not provide a guarantee of recovery.

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 .

The 'Law of Torts' owes its origin to the Common Law of England. It is well developed in the UK, USA and other advanced Countries. In India, Law of Torts is non codified, like other branches of law eg: Indian Contract Act, 1872 and Indian Penal Code, 1860. It is still in the process of development.

A tort can take place either by commission of an act or by omission of an act.

According to Prof. Winfield, Tortious Liability arises from breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressable by an action for unliquidated damages.

Sir John Salmond defined Tort as a civil wrong for which the remedy is common law action for unliquidated damages and which is not exclusively the breach of contract or the breach of trust or other merely equitable obligation.

• Intentional Torts
  • Against the Person: Assault, Battery, Infliction of mental distress, False imprisonment
  • Against the Property
• Negligence
• Strict Liability

1. Tort, is a private wrong, which infringes the legal right of an individual or specific group of individuals.
2. The person, who commits tort is called "tort-feasor" or "Wrong doer"
3. The place of trial is Civil Court.
4. Tort litigation is compoundable i.e. the plaintiff can withdraw the suit filed by him.
5. Tort is a specie of civil wrong.
6. Tort is other than a breach of contract
7. The remedy in tort is unliquidated damages or other equitable relief to the injured.