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I. GENERAL CONSIDERATIONS
The word “tort” is taken directly from the French and is a derivation of the Latin word
‘torquere’ meaning ‘to twist’.
In common law, tort is an unlawful violation of private right, not created by contract,
and which gives rise to an action for damages. It is an act or omission producing injury to
another, without any previous existing lawful relation of which said act or omission may be said
to be a natural outgrowth or incident.
It is a private or civil wrong or injury, other than breach of contract, for which the court
will provide a remedy in the form of an action for damages. It is a violation of a duty imposed by
general law or otherwise upon all persons occupying the relation to each other which is involved
in a given transaction. There must always be violation of some duty that must give rise by
operation of law and not by mere agreement of the parties.
1. INTENTIONAL TORTS which include conduct where the actor desires to cause the consequences of
his act or believes the consequences are substantially certain to result from it. It includes
assault, battery, false imprisonment, defamation, invasion of privacy and interference of
property.