TORTS AND DAMAGES

I. GENERAL CONSIDERATIONS

WHAT IS THE MEANING OF THE WORD “TORT”?

The word “tort” is taken directly from the French and is a derivation of the Latin word
‘torquere’ meaning ‘to twist’.

HOW IS TORT DEFINED IN COMMON LAW?

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.

A tort is a wrong independent of a contract, which arises from an act or omission of a

person which causes some injury or damage directly or indirectly to another person. It may
either be (1) a direct invasion of some legal right of the individual; (2) the infraction of some
public duty by which special damage accrues to the individual; (3) the violation of some private
obligation by which like damage accrues to the individual.

WHAT ARE THE KINDS OF TORTS IN COMMON LAW?

Tort in common law includes:

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.