Defining and Finding the Boundaries of Tort Law


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The expression tort has originated from latin word ‘tortum’ which denotes ‘to twist.’ It consists of that behavior which is not right or not legalized but is twisted, unlawful or bent. It includes all those unjust acts where a wrongdoer disregards the lawful right bestowed on someone. Tort is a procedure of laws, which empowers someone who has underwent hurt or harm by the acts of another, to demand reimbursement in a civic suit.

In this, the harmed can institute an action in Civil Court for a relief which are unliquidated reimbursements, reinstatement of property or other obtainable reinforcement. Tort Law specifies a path for an injured person of a relief. It does not promise a surety of retrieval. Someone who is responsible for a tort is called a ‘tortfeasor’. The one who underwent harm is called injured. As a general rule, everyone has the ability to sue and be sued in a tort.

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There is no such scientific definition of tort but still some definitions have been given. The central idea that can be formed through these definitions is that tort is a civil wrong but all civil wrongs do not constitute a tort such as defilement of contract or defilement of trust are wrongs but they do not constitute a tortious liability. From all the above given viewpoints, it is clear that tort can be explained only by citing those elements which do not form its part. Thus, mostly definitions follow a negative approach. It has been explained by distinguishing it from other wrongs or by giving out those essentials which are crucial for a tort but are not present in other wrongs.

After happening of some unlawful act, it is crucial to see whether it is civil or criminal. If it is the former, then it has to be perceived whether it belongs to some other category such as defilement of contract or defilement of trust. If it does not absolutely form a part of them, then it can be said to be a tort.

Logically, tort represents those obligations where one has to refrain from hurting another, and if he already harmed him, then he has to recompense the injured. It is not inflicted by working of some settlement but due to the force of general law. Its primary aspiration is to handover loss borne by one to the one who is blamable for its occurrence.

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