Definition and nature of law of torts.

Definition of law of torts by different scholars:-

1- According to Salmon:- " It 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 obligation".

2- According to Winfield, " Tortious liability​ arises from the breach of a duty primarily fixed by the law : this duty is towards persons generally and it's breach is redressible by an action for unliquidated damages".

3- According to Fraser, "It is an infringement of a right in rem of a private individual giving a right of compensation at the suit of the injured party".

Characteristics of law of torts:-

1- Tort is derived its origin from the Latin term 'tortum' means 'to twist'.

2- A common element in all torts is  that someone has suffered a loss or a harm as a result of some act, or failure to act by another.

3- Tort law remains uncodified and largely unaffected by statutes.

4- Tort is a civil wrong other than a breach of trust or contract, which the law will redress by an action for unliquidated damages.

5- Tort is the body of law which allowed an injured person to obtain compensation from the person committing the tort ( tort feasor ).

6- A tort is not a crime. A tort is not contractual by nature.

Differences between tort and contract:-

1- Duty primarily fixed by the law.
                 Duty fixed by the parties.

2-  Duty towards persons generally.
             Duty towards specific person.

3- Right in rem.
          Right in personam.

4- Remedy is by way of claim for unliquidated damages.
       Action lies for liquidated damages.

5- Motive in certain case relevant.
             Motive is irrelevant.

6- Vicarious liablity is applicable to torts.
         It is not applicable to contact except some cases.

7- No privity between the parties needed.
              Privity between the parties is necessary.

Differences between tort and crime:-

1- An injury to an individual.
          An injury to whole community.

2- Remedy is in form of money.
         Remedy is punishing the wrongdoer.

3- Law of torts is early originated.
       Crime is later in origin than the law of torts.