1.Meaning & Essentials of Torts

June 6, 2018 | Author: anushodh | Category: N/A
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Law of Torts According to Salmond, tort may be defined as  a civil ci vil wr wron ong g whi which is redr redre ess ssib ible le by an action tion for  unliquida unliquidated ted damage damagess and which is other than a mere breach of contract or breach of trust t.. Word

tort has been derived from the Latin word Tor Tortu tum m wh whic ich h mean meanss n not ot strai traigh ght t or croo crook ked ed.

Essentials

(i)

of Tort

There must be an act or omission

(ii) The Act or Omission must result in legal damages -Injuria

sine damno & Damnum sine injuria

-Injuria

means legal injury or violation of legal rights, sine means without and damno or damnum means damages.

(i)

Ashby vs White (1703) case of injuria sine damno

(ii) Gloucester Grammar Schools case (1410) case of damno sine injuria (iii) Mayor of Bradford Corporation vs Pickles (1895) (iv) Donoughe v Stevenson (1895)

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